396 11 Land Use Bylaw Consolidation - September 16, 2020
Alix, Alberta
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VILLAGE
OF
ALIX
LAND USE BYLAW NO. 396/11
Office Consolidation to September 16, 2020
VILLAGE OF ALIX
Amendments to Bylaw 396/11
Amending
Bylaw Number
Date of
Adoption
Brief Description
403/11
Nov 16/11
Schedule "A" District Map, Lots 2-10 Block 2 Plan 082-7785 re-
designated
from Manufactured Home Subdivision District (R3) to Residential District
(R1).
414/14
Nov 19/14
Schedule "A" District Map, NE ¼ Section 36, TWP 39, RGE 23, W4W
re-designating a portion of the land use from Agricultural (A) to Light
Industrial (I1)
432/18
Jun 6/18
Amendments to part nine and ten due to cannabis legalization.
435/18
Aug 15/18
Section 3.1 Permission for Development addition,
Section 3.4 Incomplete Applications is repealed and replaced
Section 4.4 Time Limit for Decision on Development Permits is repealed
and replaced, Section 4.5 Notification of Development Authority
Decisions s.(1) is repealed and replaced, Section 4.6 Effective Date of
a Development Permit s.(1) is repealed and replaced, Section 4.8 Re-
application for a Development Permit is repealed and replaced, Section
4.9 Appealing a Decision of the Development Authority s.(1) is
repealed and replaced, Section 5.0 Subdivision Approval Application is
added;
Part 10: Definitions be amended to include Subdivision Authority.
437/18
Oct 17/18
Amendment of Part 9 to include cannabis retail sales and cannabis
retail sales development standards. Addition of subsection (1)(h) to
section 3.1.
453/20
Apr 1/20
Part 1 of 2020 LUB Review with changes related to: Recreational
Vehicles, Dangerous Goods Occupancies, Accessory Buildings,
Fences, Decks, Projections into Yards,
Note about Bylaw Numbers
For this point forward all bylaws to amend Bylaw 396/11 will be
sequential and use "453/20-XX" with the "XX" being changed to be the
unique number (i.e. 453/20-02 then 453/20-03, etc.)
Amending
Bylaw Number
Date of
Adoption
Brief Description
453/20-01
Sep 16/20
Part 2 of 2020 LUB Review with changes related to: Rules of
Interpretation, Application Requirements and Screening, Granting
Relaxations, Notifications, Cancellation, Expiry and Validity of
Development Permit, Contravention and Enforcement, Amending the
Land Use Bylaw, Building Demolition, Secondary Suites, Adult Care
Housing, Bed and Breakfast Establishments, Child Care Facilities,
Temporary Commercial Sales, Manufactured Homes, Objects
Prohibited or Restricted in Yards, Parking Standards, Home
Occupations, Excavation Stripping and Grading of Parcels, Landscaping
and Crime Prevention Through Environmental Design, Private Pools
and Decorative Ponds, Updates of Department and Agency Names and
Provincial Setbacks, New Use Definitions and Assignments to Districts,
Tiny House Residential District, Recreation Facility District, Removal of
Agricultural District, select changes in land use designations
HOW TO USE THIS BYLAW
Alix's Land Use Bylaw establishes the regulations that govern how land and buildings can be
used and developed in the Village. The regulations vary depending on where the land is located
and what kind of development is proposed.
If you are not sure you understand the regulations, or if you would like someone to guide you
through the process, simply call or visit the Village's Planning & Development Department.
Step 1
Locate the property in question on the Land Use Map attached as Schedule A of the Bylaw.
The map divides the Village into Land Use Districts. Each District has a designation such as
"R1" (Residential District - low density detached dwellings), or "C1" (Central Commercial). Note
which Land Use District the property is located in.
Step 2
Check the Table of Contents and find the District that you are interested in. Each Land Use
District is listed in Part 9.1. In each District you will find a list of permitted and discretionary
uses, and regulations related to subdivision, development and use for land within that particular
district.
Step 3
Review the Table of Contents to see if there are any general regulations that apply. For
example, Part 7 "General Regulations" deals with such items as parking and loading, accessory
buildings/garages, etc. It includes Specific Use Regulations for home occupations, vehicular
uses, bed and breakfast homes and inns, and duplex housing. Part 8 describes the regulations
and guidelines concerning signs.
Step 4
Discuss your project with the Village's Development Officer. They will assist you with your
application and explain the process, whether you are applying for a development permit,
subdivision, or Land Use Bylaw amendment.
We hope this "how to" guide has been useful. Again, if you need help, please ask!
*NOTE:
This page is intended only to assist readers and does not form part of the Land Use
Bylaw.
TABLE OF CONTENTS
PART ONE: PURPOSE AND APPLICABILITY ............................................................................ 1
1.1
Purpose of the Land Use Bylaw ..................................................................................... 1
1.2
Sections Found Invalid ................................................................................................... 1
1.2A
Rules of Interpretation .................................................................................................... 1
1.3
Development Permit Required ....................................................................................... 2
1.4
Development Not Requiring a Development Permit ...................................................... 2
PART TWO: THE DEVELOPMENT AUTHORITY ........................................................................ 5
2.1
Development Officer ....................................................................................................... 5
2.2
Municipal Planning Commission .................................................................................... 6
PART THREE: DEVELOPMENT PERMIT APPLICATIONS ........................................................ 7
3.1
Permission for Development .......................................................................................... 7
3.2
Complete Applications.................................................................................................... 9
3.3
Incomplete Applications ................................................................................................. 9
PART THREE A: SUBDIVISION APPROVAL APPLICATIONS ................................................ 11
3.1
Complete Applications.................................................................................................. 11
3.2
Incomplete Applications ............................................................................................... 11
3.3
Time Limit for Decisions on Subdivision Applications ................................................. 12
PART FOUR: DEVELOPMENT PERMIT DECISION PROCESS .............................................. 13
4.1
Permitted Uses ............................................................................................................. 13
4.2
Discretionary Uses ....................................................................................................... 14
4.3
Granting Relaxations .................................................................................................... 15
4.4
Time Limit for Decisions on Development Permits ...................................................... 16
4.5
Notification of Development Authority Decisions ......................................................... 16
4.6
Effective Date of a Development Permit ...................................................................... 17
4.7
Expiry and Validity of a Development Permit .............................................................. 17
4.7A
Cancellation of a Development Permit ........................................................................ 17
4.8
Re-application for a Development Permit .................................................................... 17
4.9
Appealing a Decision of the Development Authority ................................................... 18
PART FIVE: CONTRAVENTION AND ENFORCEMENT ........................................................... 19
5.1
Contravention of the Land Use Bylaw ......................................................................... 19
5.2
Offences and Penalties ................................................................................................ 20
PART SIX: AMENDING THE LAND USE BYLAW ..................................................................... 21
6.1
Initiating an Amendment .............................................................................................. 21
6.2
Amendment Procedure ................................................................................................ 22
PART SEVEN: GENERAL LAND USE REGULATIONS ........................................................... 25
Buildings .................................................................................................................................... 25
7.1
Accessory Buildings ..................................................................................................... 25
7.2
Building Orientation and Design .................................................................................. 26
7.3
Number of Buildings on a Parcel ................................................................................. 26
7.4
Relocation of Buildings ................................................................................................. 26
7.5
Building Demolition ....................................................................................................... 27
7.6
Secondary Suites ......................................................................................................... 28
7.7
Temporary and Soft-Sided Buildings ........................................................................... 29
7.7A
Decks ............................................................................................................................ 29
7.7B
Adult Care Housing ...................................................................................................... 30
7.7C
Bed and Breakfast Establishments .............................................................................. 30
7.7D
Child Care Facilities ..................................................................................................... 31
7.7E
Temporary Commercial Sales...................................................................................... 31
7.7F
Manufactured Homes ................................................................................................... 31
Yards ...................................................................................................................................... 33
7.8
Projections into Yards .................................................................................................. 33
7.9
Objects Prohibited or Restricted in Yards .................................................................... 34
7.9A
Recreational Vehicles................................................................................................... 35
7.10
Laneless Subdivisions .................................................................................................. 36
7.11
Fences .......................................................................................................................... 36
Vehicles .................................................................................................................................... 37
7.12
Parking .......................................................................................................................... 37
7.13
Loading Spaces ............................................................................................................ 39
7.14
Vehicle Access to Buildings ......................................................................................... 39
7.15
Sight Lines at Intersections of Roads in All Districts ................................................... 39
7.16
Sight Triangles at Road and Rail Intersections ........................................................... 41
7.17
Driveways ..................................................................................................................... 41
Miscellaneous ......................................................................................................................... 42
7.18
Non-Conforming Buildings and Uses ........................................................................... 42
7.19
Home Occupations ....................................................................................................... 43
7.20
Dangerous Goods ........................................................................................................ 45
7.21
Mechanized Excavation, Stripping and Grading of Parcels ........................................ 46
7.21A Parcel Grading and Drainage....................................................................................... 47
7.22
Landscaping ................................................................................................................. 47
7.22A Crime Prevention Through Environmental Design (CPTED) ...................................... 48
7.23
Development Setbacks from Oil and Gas Wells .......................................................... 48
7.24
Development Setbacks from Landfills and Waste Sites .............................................. 48
7.25
Solar Energy Devices ................................................................................................... 49
7.26
Wind Energy Devices ................................................................................................... 49
7.26A Private Pools and Decorative Ponds ........................................................................... 50
7.27
Guidelines for Other Land Uses ................................................................................... 50
PART EIGHT: SIGNS ................................................................................................................... 52
8.1
Application for a Sign Permit ........................................................................................ 52
8.2
Sign Definitions............................................................................................................. 52
8.3
General Sign Provisions ............................................................................................... 53
8.4
Fascia and Projecting Signs......................................................................................... 53
8.5
Freestanding Signs ...................................................................................................... 54
8.6
Portable Signs .............................................................................................................. 55
8.7
Awning Signs ................................................................................................................ 55
8.8
Billboard Signs.............................................................................................................. 55
8.9
Reader Boards ............................................................................................................. 55
8.10
A-board Signs ............................................................................................................... 56
8.11
Other Signs ................................................................................................................... 56
8.12
Contravention and Enforcement .................................................................................. 56
PART NINE: LAND USE DISTRICT REGULATIONS ................................................................ 58
9.1
Establishment of Land Use Districts ............................................................................ 58
RESIDENTIAL (Low Density Detached Dwellings) DISTRICT (R1) ........................... 59
RESIDENTIAL (Medium Density Detached Dwellings) DISTRICT (R1A) .................. 61
TINY HOUSE RESIDENTIAL DISTRICT (R1B) .......................................................... 62
GENERAL RESIDENTIAL DISTRICT (R2) ................................................................. 64
MANUFACTURED HOME SUBDIVISION DISTRICT (R3)......................................... 67
MANUFACTURED HOME PARK DISTRICT (R3A) .................................................... 68
HEAVY VEHICLE RESIDENTIAL DISTRICT (R4) ...................................................... 70
CENTRAL COMMERCIAL DISTRICT (C1) ................................................................. 72
HIGHWAY COMMERCIAL DISTRICT (C2)................................................................. 74
LIGHT INDUSTRIAL DISTRICT (I1) ............................................................................ 78
HEAVY INDUSTRIAL DISTRICT (I2) .......................................................................... 79
PUBLIC RECREATION DISTRICT (PR) ..................................................................... 80
RECREATION FACILITY DISTRICT (RF) ................................................................... 82
ENVIRONMENTAL OPEN SPACE DISTRICT (EOS) ................................................ 84
ALIX LAKE RESERVOIR LAND DISTRICT (ALR) ...................................................... 85
URBAN RESERVE DISTRICT (UR) ............................................................................ 87
PART TEN: DEFINITIONS ........................................................................................................... 88
Village of Alix Land Use Bylaw
Page 1
Bylaw No. 396/11
PART ONE: PURPOSE AND APPLICABILITY
1.1
Purpose of the Land Use Bylaw
(1)
This Bylaw may be cited as "The Village of Alix Land Use Bylaw".
(2)
The purpose of this Bylaw is to, amongst other things:
(a) divide the municipality into Districts;
(b) prescribe and regulate the uses for each District;
(c)
establish the office of the Development Officer;
(d) establish a method of making decisions on applications for development
permits including the issuing of development permits;
(e) provide the manner in which notice of the issuance of a development permit
is to be given; and
(f)
implement the statutory plans of the Village of Alix, insofar as it is practical
and desirable for the Village of Alix.
(3)
Compliance with the requirements of this Land Use Bylaw does not exempt any
person from:
(a)
the requirements of any federal, provincial, or municipal legislation; and
(b)
complying with any easement, covenant, agreement, or contract affecting
the development.
1.2
Sections Found Invalid
If one or more provisions of this Land Use Bylaw are for any reason declared to be
invalid, it is intended that all remaining provisions are to remain in full force and effect.
1.2A Rules of Interpretation
(1)
Words used in the present tense include the other tenses and derivative forms.
Words used in the singular include the plural and vice versa. Words used in the
masculine gender shall also mean the feminine gender and the neuter. Words
have the same meaning whether they are capitalized or not.
(2)
Words, phrases, and terms not defined in this Land Use Bylaw may be given
their definition in the Municipal Government Act, Subdivision and Development
Regulation or the Alberta Building Code. Other words shall be given their usual
and customary meaning.
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
(3)
The words "shall" and "must" require mandatory compliance except where a
variance has been granted pursuant to this Land Use Bylaw.
(4)
Imperial equivalents are provided beside every metric value in this Land Use
Bylaw for convenience. The metric value is the actual standard to be used.
1.3
Development Permit Required
Except as provided in Section 1.4 of this Bylaw, a development application must be
approved, and a development permit obtained before development can commence or be
allowed to continue.
1.4
Development Not Requiring a Development Permit
A development permit is not required for the following developments. However, they
shall still comply with the provisions of the Bylaw. In any situation involving a
development, the developer should consult with the Development Officer to ensure
compliance with this Bylaw:
(a)
the carrying out of works of improvement, maintenance, or renovation to
any building provided that such works do not include structural alterations
or additions;
(b)
the completion of any development which has lawfully commenced before
the passage of this Land Use Bylaw or any amendment thereof, provided
that the development is completed in accordance with the terms of any
permit granted in respect of it, and provided that it is completed within 12
months of the date of commencement;
(c)
the use of any such development as is referred to in subsection (b) for the
purpose of which development was commenced;
(d)
a temporary building, the sole purpose of which is incidental to the
carrying out of a development for which a permit has been issued under
this Land Use Bylaw;
(e)
a temporary use of a parcel not exceeding 6 months for the sole purpose
of mobile commercial sales (e.g. fish trucks, fruit trucks, etc.), providing a
business license is obtained from the municipality and the location of the
business is to the satisfaction of the Development Officer;
(f)
the installation, maintenance, and repair of public utilities;
(g)
any development carried out by or on behalf of the Crown but not
including that carried out by or on behalf of a Crown Corporation;
(h)
any development carried out by or on behalf of the municipality provided
that such development complies with all applicable provisions of this Land
Use Bylaw;
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
(i)
the first accessory building on a parcel in a residential District or a non-
residential District provided the floor area of the building does not exceed
10m2 (107.6 ft2), the height the building is less than 2.4m (8 ft.), and the
placement on the parcel complies with all of the regulations herein;
(j)
development specified in Section 618 of the Municipal Government Act,
which includes:
(i)
a highway or road;
(ii)
a well or battery within the meaning of the Oil and Gas
Conservation Act;
(iii)
a pipeline or an installation or structure incidental to the operation
of a pipeline; or
(iv)
any other action, person, or thing specified by the Lieutenant
Governor in Council by regulation.
(k)
the erection of one sign of the following nature and size for each use
within a building or on a parcel, provided such signs do not resemble or
conflict with traffic signs:
(i)
a fascia sign for the purpose of identification, direction and
warning not exceeding a size of 6.97 m² (75 ft2);
(ii)
a fascia sign not exceeding a size of 6.97 m² (75 ft2) that relates to
a person, partnership or company carrying on a profession,
business, or trade other than a home occupation;
(iii)
a fascia or freestanding sign relating to a religious, educational,
cultural, recreational, or similar institution, or to an apartment not
exceeding a size of 6.97 m² (75 ft2);
(iv)
a portable sign or notice, relating to the sale or lease of land or
buildings, sale of goods or livestock by auction, carrying out of
construction, or the announcement of any local event of a
religious, educational, cultural, political, or governmental nature
not exceeding 3.0 m² (32.29 ft2) and limited in display to the period
of completion of the sale, lease, construction or event;
(v)
an a-board sign meeting the requirements of this Land Use Bylaw,
or
(vi)
a flag attached to a single upright flagpole.
(l)
the erection or construction of gates, fences, walls, or other means of
enclosure less than 1m (3.28 ft) in height in front yards and less than 2m
(6.56 ft) in height in other yards in any District;
(m)
the construction of an unenclosed ground level deck having a deck
surface no more than 0.6m (2ft.) above finished grade and meeting all
Village of Alix Land Use Bylaw
Page 4
Bylaw No. 396/11
yard, setback, and allowable projection requirements;
(n)
the use of a recreational vehicle for overnight accommodation on any
property in a residential District, the Urban Reserve District, or the
Agricultural District for a cumulative period of time not exceeding 30 days
per year;
(o)
temporary commercial sales.
Village of Alix Land Use Bylaw
Page 5
Bylaw No. 396/11
PART TWO: THE DEVELOPMENT AUTHORITY
2.1
Development Officer
(1)
The office of the Development Officer is hereby established, and such office shall
be filled by a person or persons to be appointed by resolution of Council.
(2)
The Development Officer shall:
(a)
keep and maintain for the inspection of the public during all reasonable
hours, a copy of this Land Use Bylaw and all amendments thereto;
(b)
review each development permit application to determine its appropriate
use definition and, if necessary, require the applicant to apply for a permit
for a different use definition or make application to amend this Land Use
Bylaw;
(c)
receive, consider, and may decide on applications for a development
permit with respect to a Permitted Use listed in the subject land use
district or the Discretionary Use "Accessory buildings and uses"
where listed in the subject land use district including attaching any terms
and conditions deemed necessary by the Development Officer;
(d)
at their discretion, refer to the Municipal Planning Commission for its
consideration any development permit application with respect to a
permitted use or the discretionary use "Accessory buildings and uses;
(e)
refer to the Municipal Planning Commission for its consideration any
development permit application with respect to a Discretionary Use and
such other matters as the Municipal Planning Commission may direct;
(f)
provide notice of decisions on development permit applications in
accordance with the notification requirements of this Bylaw;
(g)
keep a register of all applications for development, including the decisions
thereon and the reasons therefore; and
(h)
prepare such forms and notices as they may deem necessary for the
purpose of administering this Land Use Bylaw with such forms and
notices having the full force and effect of this Land Use Bylaw in the
execution of the purpose for which they were designed, authorized and
issued.
Village of Alix Land Use Bylaw
Page 6
Bylaw No. 396/11
2.2
Municipal Planning Commission
(1)
The Municipal Planning Commission shall:
(a)
issue decisions and, if necessary, state terms and conditions for
development permit applications for Permitted Uses which the
Development Officer refers to the Municipal Planning Commission;
(b)
issue decisions and, if necessary, state terms and conditions for
development permit applications for those uses listed as Discretionary
Uses which the Development Officer refers to the Municipal Planning
Commission; and
(c)
consider and, if necessary, state terms and conditions or provide direction
on any other planning or development matter referred by the
Development Officer.
(2)
The Municipal Planning Commission may:
(a)
direct the Development Officer/Administration to review, research or
make recommendations on any other planning and development matter;
and
(b)
make recommendations to Council on planning and development matters.
Village of Alix Land Use Bylaw
Page 7
Bylaw No. 396/11
PART THREE: DEVELOPMENT PERMIT APPLICATIONS
3.1
Permission for Development
(1)
An application for a development permit shall be made to the Development
Officer in writing on the prescribed form and must include a statement of the
applicant's interest in the land and, if the applicant is not the owner, the written
consent of the owner of the land that is subject to the application.
(2)
Each application for a development permit shall be accompanied by a non-
refundable processing fee based on the Fee Schedule Bylaw, as amended by
Council from time to time.
(3) The Development Officer shall determine if additional information is needed and
the nature of any additional information needed, to ensure that, in their opinion, a
decision can be properly made. The additional information may include:
(a)
a statement of existing and proposed uses;
(b)
a copy of the Certificate of Title to the land and registered easements,
rights of way, or restrictive covenants;
(c)
one or more copies of a site plan showing:
(i)
north arrow;
(ii)
scale of plan;
(iii)
legal description of property (lot #, block #, plan #);
(iv)
lot lines shown with dimensions;
(v)
location of all existing and proposed buildings dimensioned to
property lines;
(vi)
location of vehicle parking and access and egress points to the
parcel;
(vii)
utilities, site drainage, and existing and proposed site grades;
(viii) location and size (trunk diameter, height) of existing trees;
(ix)
for multi-family, commercial, industrial, recreational, public, and
other similar uses:
i.
loading space provisions;
ii.
garbage and storage areas and the fencing or screening
proposed for same;
iii.
location and approximate dimensions of all existing and
proposed parks, playgrounds, and other amenity areas;
and
Village of Alix Land Use Bylaw
Page 8
Bylaw No. 396/11
iv.
treatment of landscaped areas;
(d)
plans showing elevations, floor plan and the perspective of the proposed
development, including a description of the exterior finishing materials
and colours;
(e)
the estimated commencement and completion dates;
(f)
the estimated cost of the project or contractor price;
(g)
such other plans and information as the Development Officer may
consider necessary to properly evaluate the proposed development,
including but not limited to:
(i) Hosting a public meeting in the community and submitting a record
of the meeting and summary of input;
(ii)
Traffic Impact Assessment to determine possible effects of the
development on the transportation and traffic system;
(iii)
Environmental Site Assessment to identify potential site
contamination;
(iv)
Noise Impact Assessment to examine the noise emitted from the
facility;
(v)
Lighting Impact Assessment to determine the potential light impact
to adjacent properties during construction and operation of the
site;
(vi)
Sun Shadow Impact Study to determine the impact of
development in terms of sun and daylight access to surrounding
property;
(vii)
Servicing Study to assess the capacity of municipal servicing to
accommodate future development;
(viii)
Geotechnical Assessment of the site for design of structures;
(ix)
Real Property Report or similar survey evidence illustrating
locations of property improvements relative to property
boundaries;
(x)
Flood proofing assessment of the development if it is located in a
flood prone area;
(xi)
Slope Assessment to assess the safe design near a slope;
(xii)
Risk Assessment for hazards associated with the use or storage
of hazardous materials on site and an inventory of the materials
being stored;
Village of Alix Land Use Bylaw
Page 9
Bylaw No. 396/11
(xiii)
Crime Prevention Through Environmental Design (CPTED)
analysis to analyse the built form in reducing the incidence of
crime;
(xiv)
Parking Demand Study to estimate the parking demand of the
proposed use;
(xv)
Such other plans and information as the Development Officer may
consider necessary to properly evaluate the proposed
development.
(4) Where the Development Officer requires any technical study or assessment, all
submitted documents are to be prepared by qualified registered professionals in
their respective fields. All submitted documents shall include certification by the
professional who prepared the document.
3.2 Complete Applications
(1)
Upon receipt of an application the Development Officer shall within 20 days
determine whether the application is complete. An application is complete, if in
the opinion of the Development Authority, the application contains the documents
and other information necessary to review the application. The 20 day timeline
may be extended if agreed upon in writing between the applicant and the
Development Authority.
(2)
If the Development Officer deems a development permit application to be
complete, the Development Officer shall issue a letter to the applicant indicating:
(a)
The date the application was received and deemed complete;
(b)
Confirmation the Development Officer will begin processing the
application, and;
(c)
The date the 40 days to make a decision on the application expires.
3.3
Incomplete Applications
(1)
If the Development Officer determines an application is incomplete, the
Development Officer shall issue a letter to the applicant, prior to the expiry of the
20 day review period, indicating the following:
(a)
The application is considered incomplete;
(b)
A detailed list of the outstanding documents and/or information required
by the Development Officer in order for the application to be considered
complete;
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
(c)
The date which the required outstanding documents and/or information
must be submitted to the Development Officer.
(2)
If the Development Officer determines that the information and documents
submitted by the applicant at the request of the Development Officer are
complete, the Development Officer must issue a letter to the applicant indicating:
(a)
The application is complete;
(b)
Confirmation the Development Officer will begin processing the
application, and;
(c)
The date the 40 days to make a decision on the application expires.
(3)
If the applicant fails to submit the outstanding information and documents
requested by the Development Officer to complete the application on or before
the date referred to in the letter issued to the applicant, the application is deemed
to be refused.
(4)
If the application is deemed refused because the applicant failed to provide the
Development Officer with the requested information, the Development Officer
shall issue to the applicant a letter indicating the application has been refused
and the reason(s) for the refusal within 7 days of the expiry date.
(5)
Despite that the Development Officer has issued a letter acknowledging an
application as complete, in the course of reviewing the application, the
Development Authority may request additional information or documentation from
the applicant that the Development Authority considers necessary to review the
application.
(6)
If the Development Officer does not make a determination of an application's
completeness within 20 days of receiving the application, or within an alternative
timeline agreed upon between the applicant and Development Officer in writing,
the application is deemed to be complete.
Village of Alix Land Use Bylaw
Page 11
Bylaw No. 396/11
PART THREE A: SUBDIVISION APPROVAL APPLICATIONS
3.1 Complete Applications
(1)
Upon receipt of an application the Subdivision Authority shall within 20 days
determine whether the application is complete. An application is complete, if in
the opinion of the Subdivision Authority, the application contains the documents
and other information necessary to review the application. The 20-day timeline
may be extended if agreed upon in writing between the applicant and the
Subdivision Authority.
(2)
If the Subdivision Authority deems a subdivision application to be complete, the
Subdivision Authority shall issue a letter to the applicant indicating:
(a)
The date the application was received and deemed complete;
(b)
Confirmation the Subdivision Authority will begin processing the
application; and
(c)
The date the 60 days to make a decision on the application expires.
3.2 Incomplete Applications
(1)
If the Subdivision Authority determines an application is incomplete, the
Subdivision Authority shall, prior to the expiry of the 20-day review period, issue
a letter to the applicant, indicating the following:
(a)
The application is considered incomplete;
(b)
A detailed list of the outstanding documents and/or information required
by the Subdivision Authority in order for the application to be considered
complete;
(c)
The date which the required outstanding documents and/or information
must be submitted to the Subdivision Authority.
(2)
If the applicant fails to submit the outstanding information and documents
requested by the Subdivision Authority to complete the application on or before
the date referred to in notice issued to the applicant, the application is deemed to
be refused.
(3) If the application is deemed refused because the applicant failed to provide the
Subdivision Authority with the requested information, the Subdivision Authority
shall issue to the applicant a letter indicating the application has been refused
and the reason for the refusal, within 7 days of the expiry date.
(4)
Despite that the Subdivision Authority has issued a letter acknowledging an
application as complete, in the course of reviewing the application, the
Subdivision Authority may request additional information or documentation from
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the applicant that the Subdivision Authority considers necessary to review the
application.
(5)
If the Subdivision Authority does not make a determination of an application's
completeness within 20 days of receiving the application, or within an alternative
timeline agreed upon between the applicant and Subdivision Authority, the
application is deemed to be complete.
3.3 Time Limit for Decisions on Subdivision Applications
(1)
The Subdivision Authority shall, within 20 days after the receipt of an application
for a subdivision approval, determine whether the application is complete, or
within such longer period as the applicant may have agreed to in writing.
(2)
The Subdivision Authority shall consider and decide on any application for a
subdivision approval, within 60 days of the date of issuance of a letter to an
applicant indicating the application is complete, the date an application has been
deemed complete due to expiry of the 20 day review period, or within such longer
period as the applicant may have agreed to in writing.
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PART FOUR: DEVELOPMENT PERMIT DECISION PROCESS
4.1
Permitted Uses
(1)
The Development Authority shall approve an application for a development
permit for a permitted use if the application conforms to the requirements of the
Land Use bylaw, the Municipal Government Act, and any statutory plans. The
Development Authority may attach conditions to the permit necessary to ensure
any of the following:
(a)
arrangements satisfactory to the Development Authority for the supply of
utilities including, but not limited to, water electric power, sanitary sewer,
storm sewer, natural gas, cable, including payment of the cost of
installation or construction of any such utility or facility by the applicant;
(b)
arrangements satisfactory to the Development Authority for vehicular and
pedestrian access from public roads and trails, on-site vehicular and
pedestrian circulation, parking, loading, landscaping or drainage, or any
one or more of these matters, including payment of the costs of
installation or constructing any such facility by the applicant;
(c)
That the applicant enters into a development agreement or an interim
agreement, which shall form part of such development permit and may be
required to be registered by caveat against title to the site at the Land
Titles Office, to do any or all of the following:
(i)
to construct or pay for the construction of a road required to give
access to the development;
(ii)
to construct, or pay for the construction of:
(a)
a pedestrian walkway system to serve the development, or
(b)
pedestrian walkways to connect the pedestrian walkway
system serving the development with a pedestrian
walkway system that serves or is proposed to serve an
adjacent development, or both;
(iii)
to install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve
the development;
(iv)
to construct or pay for the construction of:
(a)
off-street or other parking facilities; and
(b)
loading and unloading facilities;
(v)
to pay to the Village the costs paid by the Village to its Engineers,
Planners, or any other person for the preparation or review of site
development plans, review of construction drawings, materials
testing, inspections, monitoring of construction, and any other
engineering, planning and legal costs and expenses which the
Village incurs in connection with the preparation, administration
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and enforcement of the development agreement.
(d)
That the applicant pays an offsite levy or redevelopment levy imposed by
a bylaw adopted pursuant to the Municipal Government Act;
(e)
That the applicant repair or reinstate or pay for the repair or reinstatement
to the original condition any street furniture, curbing, boulevard
landscaping and/or tree planting which may be damaged or destroyed or
otherwise harmed by development or construction operations on the site;
(f)
That the applicant provides a performance security to ensure completion
of any requirement set out as a condition of approval of a development
permit. The security may include, but is not limited to, an irrevocable letter
of credit or charge against the title to the site;
(g)
That the applicant submits a Real Property Report or similar survey
evidence prepared by an Alberta Land Surveyor confirming the location of
specific items on the property to the satisfaction of the Development
Officer; and
(h)
That the applicant provides and causes to be registered on the applicable
titles any easements, right-of-way agreements, encroachment
agreements or restrictive covenants which in the opinion of the
Development Authority are required.
(2)
If an application for a development permit for a permitted use does not conform
to the requirements of the Land Use Bylaw, the Municipal Government Act,
and/or any statutory plan, the Development Authority:
(a)
may refuse the application giving reasons for the refusal; or
(b)
may approve the application subject to the conditions listed in subsection
(1) and any conditions to ensure that the application conforms to the
requirements of the Land Use Bylaw, the Municipal Government Act, and
any statutory plans; or
(c)
may approve the application pursuant to section 4.3 and subject to the
conditions listed in subsection (1).
4.2
Discretionary Uses
(1)
The Development Authority may approve an application for a development permit
for a discretionary use subject to:
(a)
Conditions listed in section 4.1; and
(b)
Any conditions that the Development Authority may deem appropriate to
ensure compatibility with the amenities of the neighborhood and the use,
enjoyment, and value of neighboring parcels of land, including, but not
limited to, the following:
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(i)
limiting the time of operation including hours of the day, days of the
week, and parts of the year;
(ii)
limiting the number of patrons;
(iii)
requiring attenuation or mitigation of noise or any other nuisances
that may be generated by the proposed development;
(iv)
regarding the location, character, and appearance of buildings;
(v)
regarding the grading of the site or such other matters as are
necessary to protect the site from other developments or to protect
other developments from the site; and
(vi)
establishing the period of time during which a development may
continue.
(2)
The Development Authority may refuse an application for a development permit
for a discretionary use giving reasons for its refusal.
4.3
Granting Relaxations
(1)
The Development Authority may approve an application for a development permit
notwithstanding that the proposed development does not comply with this Land
Use Bylaw if, in the opinion of the Development Authority:
(a)
the proposed development conforms with the use prescribed for land or
building in this Land Use Bylaw; and
(b)
the proposed development would not
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii)
materially interfere with or affect the use, enjoyment, or value of
neighbouring properties.
(2)
In approving an application for development pursuant to subsection (1) the
Development Authority shall adhere to the following:
(a)
a relaxation of yard or setback requirements shall be considered only
where warranted by the merits of the proposed development and in
response to irregular lot lines, parcel shapes or site characteristics which
create difficulties in siting structures within the required setbacks or in
meeting the usual bylaw requirements or to address non-compliant yards
or setbacks of existing structures;
(b)
except as otherwise provided in this bylaw, there shall be no variance
from maximum density regulations;
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(c)
where the issuance of a development permit involves the exercise of any
specified discretion of the Development Authority to relax a regulation of a
district or any other regulation of this bylaw, the Development Authority
shall not permit any additional variance from that regulation;
(d)
where the decision on the application is made by the Development Officer a
relaxation shall not be granted for less than ninety percent (90%) of any
minimum regulation or more than one hundred and ten percent (110%) of
any maximum regulation.
(3)
In the event that a relaxation is granted, the nature of the approved relaxation
shall be specifically described in the development permit approval.
4.4
Time Limit for Decisions on Development Permits
(1)
The Development Authority shall within 20 days after the receipt of an application
for a development permit, determine whether the application is complete, or
within such longer period as the applicant may have agreed to in writing
(2)
The Development Authority shall consider and decide on any application for a
development permit, within 40 days of the date of issuance of a letter to an
applicant indicating the application is complete, or within such longer period as
the applicant may have agreed to in writing.
4.5
Notification of Development Authority Decisions
(1) A decision of the Development Officer or the Municipal Planning Commission on
an application for a development permit shall be given in writing and a copy of it
sent by ordinary mail to the applicant on the same day the written decision is
given.
(2) When an application for a development permit is approved, the Development
Officer shall
(a)
post a notice of the decision at a publicly visible and/or accessible
location in the Village Office; or
(b) send a notice of the decision to any persons that the Development Officer
considers may be affected; or
(c)
have the notice of decision posted on the Village website; or
(d) use a combination of two or more of the means of providing notice listed
above.
(3)
Where this Land Use Bylaw requires a document to be sent to a person, the
document may be sent by electronic means if
(a)
the recipient has consented to receive documents by electronic means
and has provided an email address, website, or other electronic address
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Bylaw No. 396/11
for that purpose; and
(b)
it is possible to make a copy of the document from the electronic
transmission.
4.6
Effective Date of a Development Permit
A development permit shall not become effective until 21 days after the date on which
the notice of the issuance of the permit was given in accordance with the municipality's
land use bylaw.
4.7 Expiry and Validity of a Development Permit
(1)
A development permit shall cease to be valid twelve (12) months after the date
on which the permit became effective in accordance with Section 4.6 unless,
prior to the expiry of the twelve (12) months, the applicant has commenced
development or an extension of time has been granted.
(2)
The applicant may apply in writing to the Development Officer for an extension of
the time period to commence their development. The Development Officer may
only grant one extension for up to a maximum of twelve (12) additional months.
(3)
Once work on an approved development has commenced, the development
permit remains valid for twenty-four (24) months after the date on which the
permit became effective in accordance with Section 4.6 unless, prior to the expiry
of the twenty-four (24) months, the Development Officer has granted an
extension of time in writing.
(4)
The applicant may apply in writing to the Development Officer for an extension of
the time period to complete their development. The Development Officer may
only grant one extension for up to a maximum of twelve (12) additional months.
4.7A
Cancellation of a Development Permit
The Development Authority may cancel a development permit if:
(a)
the permit was issued in error; or
(b)
the permit was issued on the basis of incorrect information.
4.8
Re-application for a Development Permit
Where an application for a development permit has been refused, except for those
applications refused as incomplete applications, the Development Officer shall refuse to
accept another application for the same or a similar use on the same lot or site until 6
months have passed from the date of such refusal unless in the opinion of the
Development Officer the reasons for refusal have been adequately addressed or the
circumstances of the application have changed significantly.
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4.9
Appealing a Decision of the Development Authority
(1)
An application for a development permit shall, at the option of the applicant, be
deemed to be refused when a decision thereon is not made by the Development
Authority within forty (40) days of the date of the letter issued to the applicant
acknowledging a complete application, and an applicant may appeal in writing,
as provided for in this Land Use Bylaw, unless the applicant enters into an
agreement with the Development Officer to extend the 40 day period.
(2)
Where the Development Authority:
(a)
Fails to issue a development permit to a person; or
(b)
Refuses an application for a development permit; or
(c)
Issues a development permit subject to conditions; or
(d)
Issues an order under the Municipal Government Act.
The person applying for the permit or affected by an order, a decision, or
development permit may appeal to the Subdivision and Development Appeal
Board in accordance with the Municipal Government Act.
(3)
An appeal to the Subdivision and Development Appeal Board is commenced by
filing a notice of appeal, containing reasons for the appeal, with the board within
21 days,
(a)
in the case of an appeal made by the person applying for a permit or
affected by the order, after
(i)
the date on which the person is notified of the order or decision or
the issues of the develop permit; or
(ii)
if no decision is made with respect to the application within the 40-
day period or within any extension granted under the Municipal
Government Act, the date the period or extension expires;
or
(b)
in the case of an appeal by any person affected by an order, decision or
development permit made or issued by the Development Authority, after
the date on which the notice of the issuance of the permit was given in
accordance with Section 4.5.(2).
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PART FIVE: CONTRAVENTION AND ENFORCEMENT
5.1
Contravention of the Land Use Bylaw
(1)
If the Development Officer finds that a development, land use or use of a building
is not in conformity with
(a)
the Land Use Bylaw, Part 17 of the Municipal Government Act or
Subdivision and Development Regulation; or
(b)
a development permit or subdivision approval, or a condition therein.
the Development Officer may, by written notice, order the owner, the person in
possession of the land or building, or the person responsible for the
contravention, or any or all of them, to
(c)
stop the development or use of the land or building in whole or in part as
directed by the notice;
(d)
demolish, remove, or replace the development; or
(e)
carry out other actions required by the notice so that the development or
use of the land or building complies with the Land Use Bylaw, Part 17 of
the Municipal Government Act or Subdivision and Development
Regulation, a development permit or subdivision approval, or a condition
therein;
and in such order establish a time for reasonable compliance with such order.
(2) If a person fails or refuses to comply with an order under subsection (1) or an
order of the Subdivision and Development Appeal Board made pursuant to Part
17 of the Municipal Government Act, the municipality, including their agents and
those working on behalf of the municipality, may, in accordance with section 542
of the Municipal Government Act, enter on the land or building and take any
action necessary to carry out the order.
(3)
The municipality may register a caveat under the Land Titles Act in respect of an
order referred to in subsection (1) against the certificate of title for the land that is
the subject of the order, but if it does so the municipality must discharge the
caveat when the order has been complied with.
(4)
When the Council or a person appointed by it carries out an order, the Council
shall cause the costs and expenses incurred in carrying out the order to be
placed on the tax roll as an additional tax against the property concerned and
that amount shall be collected in the same manner as taxes on land.
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5.2
Offences and Penalties
(1)
A person who contravenes or does not comply with
(a)
the Land Use Bylaw;
(b)
Part 17 or the Municipal Government Act;
(c)
The subdivision and Development Regulation;
(d)
an order under Section 2(6) of this Bylaw;
(e)
a development permit or subdivision approval, or a condition therein;
(f)
a decision of the Subdivision and Development Appeal Board; or
(g)
who obstructs or hinders any person in the exercise or performance of
his/her powers or duties under this Land Use Bylaw;
is guilty of an offence.
(2)
A person who is guilty of an offence referred to in subsection (1) above is liable
to a fine of not more than $10,000.00 or to imprisonment for not more than one
year, or to both fine and imprisonment.
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PART SIX: AMENDING THE LAND USE BYLAW
6.1
Initiating an Amendment
(1)
The Council on its own initiative may give first reading to a Bylaw to amend this
Land Use Bylaw.
(2)
A person may make application to the Development Officer for amendment to
this Land Use Bylaw. The application shall include:
(a)
a statement of the specific amendment requested;
(b)
the purpose and reasons for the application;
(c)
if the application is for a change of District, the legal description of the
lands, or a plan showing the location and dimensions of the lands;
(d)
a statement of the applicant's interest in the lands; and
(e)
an application fee to be established by resolution of Council.
(3)
If the amendment is for a redesignation of land, the Development Officer may
require:
(a)
an outline plan for the area to be redesignated, to the level of detail
specified by the Development officer; and
(b)
payment of a fee equal to the costs incurred by the Municipality to review
the proposed redesignation and/or related outline plan, or if necessary, to
prepare an outline plan.
(3A)
Upon receipt of an application for amendment to this Land Use Bylaw, the
Development Officer shall initiate or undertake an investigation and analysis of
the potential impacts of development resulting from or allowed as a result of the
proposed amendment. The analysis shall be based on the full development
potential of the proposed amendment and not on the merits of any particular
development proposal. The analysis shall, among other things, consider the
following impact criteria:
(a)
relationship to and compliance with approved statutory plans and Council
policies;
(b)
relationship to and compliance with statutory plans or outline plans in
preparation;
(c)
compatibility with surrounding development in terms of land use function
and scale of development;
(d)
traffic impacts;
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Bylaw No. 396/11
(e)
relationship to, or impacts on, services such as water and sewage
systems, and other public utilities and facilities such as recreation
facilities and schools;
(f)
relationship to municipal land, right-of-way, or easement requirements;
(g)
effect on stability, retention and rehabilitation of desirable existing uses,
buildings, or both in the area;
(h)
necessity and appropriateness of the proposed amendment in view of the
stated intentions of the applicant; and
(i) relationship to the documented concerns and opinions of area residents
regarding development implications.
(4)
The Land Use Bylaw may be amended without giving notice or holding a public
hearing, as required by this part and the Municipal Government Act, if the
amendment corrects clerical, technical, and grammatical or typographical errors
and does not materially affect the Land Use Bylaw in principal or substance.
6.2
Amendment Procedure
(1)
Upon receipt of an application for amendment to this Land Use Bylaw, the
Development Officer shall determine when the application will be placed before
the Council and shall issue not less than 5 days' notice to the applicant advising
that he may appear before the Council at that time, and speak to the application.
An application for amendment shall be placed before the Council within 60 days
of its receipt by the Development Officer.
(2)
The Council, in considering an application for an amendment to this Land Use
Bylaw, may at its sole discretion:
(a)
refuse the application; or
(b)
refer the application for further information; or
(c)
pass first reading to a Bylaw to amend this Land Use Bylaw, with or
without conditions or amendments; or
(d)
defeat first reading of a Bylaw to amend this Land Use Bylaw; or
(e)
pass first reading of an alternative amendment to this Land Use Bylaw,
with or without conditions.
(3)
Following first reading to an amending Bylaw, the Council shall
(a)
establish the date, time, and place for a public hearing on the proposed
Bylaw;
(b)
if a bylaw to establish procedures for public hearings has not been
passed
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Bylaw No. 396/11
(i)
outline the procedures to be followed by any person, group of
persons or person representing them who wish to be heard at the
public hearing; and
(ii)
outline the procedure for conducting the public hearing.
(4)
A notice of a public hearing must be advertised at least 5 days before the public
hearing occurs.
(5)
A notice must contain
(a)
a statement of the general purpose of the proposed bylaw and public
hearing;
(b)
the address where a copy of the proposed bylaw and any document
relating to it or the public hearing may be inspected;
(c)
the date, place, and time where the public hearing will be held.
(6)
In the case of an amendment to change the district designation of a parcel of
land, the Development Officer must, in addition to the requirements of
subsection (6)
(a)
include in the notice
(i)
the municipal address, if any, and the legal address of the parcel
of land; and
(ii)
a map showing the location of the parcel of land,
(b)
give written notice containing the information described in clause (a) and
subsection (6) to the assessed owner of that parcel of land at the name
and address shown in the assessment roll of the municipality; and
(c)
give written notice containing the information described in clause (a) and
subsection (6) to each owner of adjacent land at the name and address
shown for each owner on the assessment roll of the municipality.
(7)
If the land referred to in subsection (6)(c) is in Lacombe County, the written
notice must be given to that municipality and to each owner of adjacent land at
the name and address shown for each owner on the tax roll of Lacombe County.
(8)
In the public hearing, the Council
(a)
shall hear any person, group of persons, or person representing them,
who claims to be affected by the proposed bylaw and who has complied
with the procedures outlined by Council; and
(b)
may hear any other person who wishes to make representations and
whom the Council agrees to hear.
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(9)
After considering the representations made to it about the proposed bylaw at the
public hearing and after considering any other matter it considers appropriate,
Council may
(a)
pass the bylaw;
(b)
refer it for further information or comment;
(c)
make any amendment to the bylaw it considers necessary and proceed to
pass it without further advertisement or hearing; or
(d)
defeat the bylaw.
(10)
Prior to third reading of the proposed bylaw, Council may require the applicant to
apply for a development permit and negotiate a development agreement in
respect of the proposal which initiated the application for amendment.
(11)
After third reading of the proposed bylaw, the Development Officer shall send a
copy of it to
(a)
the applicant;
(b)
the registered owner of the land if not the applicant;
(c)
the Director of Parkland Community Planning Services;
(d)
Lacombe County if it received a copy of the proposed Bylaw pursuant to
subsection (7).
(12)
In this section, "owner" means the person shown as the owner of land on the
assessment roll prepared pursuant to the Municipal Government Act.
(13)
The Development Officer shall not accept an application for amendment which is
identical or similar to an application which was refused by Council, for a period of
6 months after the date of the refusal unless, in the opinion of the Development
Officer, the reasons for refusal have been adequately addressed or the
circumstances of the application have changed significantly.
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PART SEVEN: GENERAL LAND USE REGULATIONS
Buildings
7.1
Accessory Buildings
All Districts
(a)
The setback requirements for accessory buildings shall comply with the
regulations of this section where a conflict exists between this section and any
District Regulations
(b)
For the purpose of calculating yard requirements and setbacks as provided in
this Land Use Bylaw, an accessory building or use, if connected to the main
building by a structural element including but not limited to a common foundation,
roof or wall, shall be deemed to be part of the main building.
(c)
No part of an accessory building shall be located on or over an easement or
utility right-of-way unless authorised by the Development Authority.
(d)
An accessory building shall not be used for human habitation except where a
secondary suite that is contained in a building separate from the main building
has been approved.
Residential Districts
(e)
No accessory building or any portion thereof shall be erected or placed in the
front yard of a parcel.
(f)
A permanent playhouse, play equipment or any combination of permanent
playhouse, play equipment and storage shall not be located in the front yard of a
parcel.
(g)
An accessory building on an interior parcel shall be situated so that the exterior
wall is at least 1m (3.28 ft.) from the side and rear boundaries of the parcel.
(h)
An accessory building on a corner parcel shall not be situated closer to the street
than the main building and shall not be closer than 1m (3.28 ft.) to the other side
parcel boundary or the rear parcel boundary.
(i)
Notwithstanding subsections (g) and (h), an accessory building or any portion
thereof may be erected or placed on the rear or side boundary common to two
parcels provided the accessory building serves the two parcels and a party wall
agreement has or will be registered against the two parcels.
(j)
An accessory building shall not be more than 6.1m (20 ft.) in height and shall not
exceed the height of the main building.
(k)
An accessory building shall be located a minimum of 2.5m (8 ft.) from the main
building unless a 1.5m (5 ft.) side yard for the accessory building is provided.
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Non-Residential Districts
(l)
No accessory building or any portion thereof shall be erected or placed within the
front yard of a parcel, unless otherwise approved by the Development Authority.
(m)
An accessory building on an interior parcel shall be situated so that the exterior
wall is at least 1m (3.28 ft.) from the side and rear boundaries of the parcel.
(n)
An accessory building on a corner parcel shall not be situated closer than 3m
(9.84 ft.) to the boundary with the street and shall not be closer than 1m (3.28 ft.)
to the other side parcel boundary or the rear parcel boundary.
(o)
An accessory building shall be located a minimum of 2.5m (8 ft.) from the main
building unless a 1.5m (5 ft.) side yard for the accessory building is provided.
7.2
Building Orientation and Design
The design, character and appearance of any building, or series of buildings, structure or
sign proposed to be erected or located in any District must be acceptable to the
Development Authority having due regard to
(a)
amenities such as daylight, sunlight, and privacy;
(b)
the character of existing development in the District including but not
necessarily limited to, exterior finishing or facing materials, roof pitches or
slopes, eave depth, building size and mass, building setbacks and
architectural detailing; and
(c)
its effect on adjacent parcels.
7.3
Number of Buildings on a Parcel
A development permit shall not be issued for more than one main building on an
unsubdivided parcel, except where it is proposed to develop more than one main
building to form a single, unified group of buildings.
7.4
Relocation of Buildings
(a)
No person shall locate on a parcel a building which has previously been
erected or placed on a different parcel or alter the location on a parcel of
a building which has already been constructed on that parcel, unless a
development permit has been issued by the Development Authority.
(b)
In addition to the requirements of Section 3.1 the Development Authority
may require an application for a development permit to be accompanied
with:
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Bylaw No. 396/11
(i)
recent colour photographs showing all sides of the building;
(ii)
a statement on the age, size, and general condition of the
building;
(iii)
a statement prepared and signed by a qualified person on the
structural condition of the building; and
(iv)
a statement of proposed improvements to the building.
(c)
An application for a development permit may be approved by the
Development Authority if the proposal meets all of the regulations
specified under the appropriate Land Use District in which it is proposed
to be located.
(d)
Where a development permit has been granted for the relocation of a
building either on the same parcel or from another parcel, the
Development Authority may require the applicant to provide a
performance bond or similar security of such amount to ensure
completion of any renovations set out as a condition of approval of a
permit.
(e)
All structural and exterior renovations shall be completed within one year
of the issuance of a development permit.
7.5
Building Demolition
(a)
A development permit is required where the demolition of one or more buildings
or structures having a floor area greater than 10.0 m2 (108 ft2) is proposed and
will take place in advance of obtaining approval for redevelopment of the site or
replacement of the buildings. This application shall be processed as a permitted
use in all Land Use Districts.
(b)
In addition to the requirements of Section 3.1 (contents of development permit
application), the Development Officer may require an application that involves
demolition of a building to be accompanied by a statement indicating how the
demolition will be carried out so as to avoid or minimize the creation of nuisances
to surrounding properties during the demolition process.
(c)
Whenever a development permit is issued that involves the demolition of a
building, it shall be a condition of the permit that:
(i)
the site be properly cleaned, with all debris removed;
(ii)
the site is left in a graded condition that removes or fills in excavations
and is in accordance with the site drainage requirements of this Land Use
Bylaw; and
(iii)
the applicant arranges for the safe disconnection of all municipal and
private utilities serving the building to be demolished prior to demolition
commencing.
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
(d)
Where a permit is approved, the Development Authority may require the
applicant to provide a letter of credit or other security of such amount to cover the
costs of reclamation and any damage to utilities.
7.6
Secondary Suites
(a)
A secondary suite shall be restricted to a site occupied by a detached
dwelling in a residential district.
(b)
A maximum of one secondary suite may be allowed per detached
dwelling lot.
(c)
A secondary suite may be located:
(i)
within a portion of the principal building provided the exterior
appearance of the principal building continues to project an image
of a single detached dwelling; or
(ii)
in an accessory building intended to contain only a secondary
suite; or
(iii)
within a portion of a detached garage.
(d)
The floor area of a secondary suite shall be a maximum of 75% of the
floor area of the primary dwelling unit up to a maximum of 80 m² (860 ft2).
Only the building area used exclusively by the occupants of the
secondary suite shall be included in the calculation of floor area for the
secondary suite. Common entrances and facilities such as laundry rooms
and storage shall not be included in the calculation of floor area for the
secondary suite.
(e)
A secondary suite developed on a second floor integral to a detached
garage shall not be more than 7.5 m (24.6 ft) in height and shall not
exceed the height of the principal building.
(f)
One off-street parking stall shall be provided per secondary suite in
addition to the required number of parking stalls for the principal building.
(g)
The appearance and design of a secondary suite developed as a
separate building or addition to the principal building shall be compatible
with the appearance and design of the principal building to the
satisfaction of the Development Authority.
(h) Secondary suites must meet Alberta Building Code, Fire Code and
Energy Code requirements;
(i)
Secondary suites located in an accessory building or as part of a
detached garage shall:
(i)
only be placed in the rear yard of a parcel;
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
(ii)
be situated so that the exterior walls are at least:
(1)
1.5 m (5 ft.) from the side parcel boundaries and, on a
corner parcel, they shall also not be closer to the street or
avenue than the primary dwelling;
(2)
1.5 m (5 ft.) from the rear parcel boundary when there is a
blank wall facing that boundary;
(3)
3.0 m (10 ft.) from the rear parcel boundary when there is a
window opening in the wall facing that boundary;
(4)
2.5 m (8.2 ft.) from the primary dwelling and any accessory
buildings on the parcel
(j)
Prior to deciding upon an application for a development permit for a
secondary suite, the Development Authority shall notify, in writing, all
adjacent landowners and such other people it considers may be affected
by the development, of the receipt of the application and provide them
with an opportunity to comment thereon.
7.7
Temporary and Soft-Sided Buildings
(a)
The Development Authority may conditionally approve a temporary building,
including a soft sided building, to be placed on a site subject to the owner
agreeing to remove the building in accordance with the terms and conditions
affixed to the development permit.
(b)
Sea/land containers or similar forms of shipping or cargo containers shall not be
permitted on a site in any residential or commercial district.
(c)
Sea/land containers or similar forms of shipping or cargo containers may be
permitted as a form of temporary building on a site in an industrial district.
7.7A
Decks
(a)
When a ground level deck or a raised deck is covered with a roof or fully
enclosed with walls and is attached to the main building, it shall be considered an
addition to the main building and shall be required to meet all yard and setback
requirements and height requirements of the District that apply to the main
building.
(b)
When a ground level deck or a raised deck is covered with a roof or fully
enclosed with walls but is not attached to the main building, it shall be required to
meet all yard and setback requirements and height requirements that apply to
accessory buildings.
(c)
An unenclosed ground level deck or an unenclosed raised deck that is attached
to the main building, may project into the:
(i)
minimum front yard required by the District to a maximum of 1.5m (5ft.);
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
(ii)
minimum side yard required by the District to a maximum of 0.6m (2ft.);
(iii)
minimum rear yard required by the District to a maximum of 3.0m
(9.84ft.).
7.7B
Adult Care Housing
(a)
The maximum number of staff for each adult care housing development shall be
specified as a condition of the development permit.
(b)
The development standards that apply shall be the standards of the District that
most closely resembles the form of the adult care housing development. In the
case of adult care housing in a building similar to a detached dwelling, the yard
and building standards for a detached dwelling shall apply. In the case of adult
care housing in a building similar to an apartment style building, the yard and
building standards for an apartment shall apply.
7.7C
Bed and Breakfast Establishments
(a)
Bed and breakfast establishments are allowed provided that they are secondary
to the residential use of the dwelling. Such accommodation shall not interfere
with the use and enjoyment of the neighbourhood as a residential area. In this
regard, bed and breakfast establishments shall comply with the following
standards:
(i)
alterations to the residence shall be limited so that a home can be easily
re-converted back to a residence and to ensure that the home is virtually
indistinguishable from other houses in the neighbourhood. Any
alterations are to be approved by the Development Authority;
(ii)
guest rooms shall not be self-contained dwelling units. There shall be no
cooking facilities available in the guest rooms;
(iii) one sign only shall be permitted to identify, rather than advertise the
establishment. Such sign must not exceed 0.75 m² (8 ft²) in area;
(iv)
off-street parking shall be provided as follows: two parking spaces for the
dwelling unit plus one space per guest room; and
(v)
a bed and breakfast shall not be permitted on a parcel where a home
occupation, secondary suite, boarding or rooming house, or childcare
facility exists.
(b)
A development permit issued for a bed and breakfast establishment does not
exempt compliance with health regulations or any other permit requirements.
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
7.7D
Child Care Facilities
(a)
The Development Authority may refuse a development application for a child
care facility if the proposed development is not appropriate on the intended site
having regard to the overall compatibility with the residential character of the
area. In assessing issues of compatibility, particular focus will be given to the
amount of traffic expected based on the number of children served by the facility
and the availability of parking for drop-off and pick-up.
(b)
The total number of children to be served by a child care facility and the number
of staff shall be specified as a condition of development permit approval.
(c)
Each child care facility shall provide an outdoor play space on site or on another
parcel that is within 90m (295 ft) of the location of the child care facility.
(d)
The location of available parking for parents and staff shall be specified as a
condition of development permit approval.
7.7E Temporary Commercial Sales
(a) Temporary commercial sales shall be placed on a site in a location that does not
obstruct sight lines or vehicle or pedestrian access to the site.
(b) Temporary commercial sales involving food or beverage sales shall provide
receptacles for solid waste collection.
(c) Temporary commercial sales shall maintain a clean and uncluttered appearance
at all times.
7.7F
Manufactured Homes
(a)
A manufactured home in a District other than the Manufactured Home
Subdivision (R3) District shall meet all of the requirements that apply to a
detached dwelling.
(b)
In addition to the requirements that apply to a detached dwelling, a manufactured
home in a District other than the Manufactured Home Subdivision (R3) District
shall have:
(i) a minimum roof pitch of 4:12 (rise:run);
(ii) a roof surface of wood or asphalt shingles, clay or concrete tiles, slate or
wood shakes, or metal or composite material;
(iii) a minimum roof overhang or eaves of 0.4m (1.3 ft) from each external
wall surface;
(iv) a permanent foundation consisting of a basement, crawl space, slab on
grade, or screw piles with skirting on all sides of the building;
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Bylaw No. 396/11
(v) a maximum length to width ratio of 2.5:1 (2.5 units of length to 1 unit of
width);
(vi) a minimum with of 6.1m (20 ft) measured from external wall surface to
external wall surface; and
(vii) a minimum floor area as required in the applicable District.
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Bylaw No. 396/11
Yards
7.8
Projections into Yards
(a)
With the exception of eaves, items that extend from the main building
using the same foundation wall, footings, grade beams, or slab on grade
as the main building for support are deemed to be part of the main
building and shall not be considered an allowable projection into a yard.
(b)
In residential Districts, the portion of and attachments to a main or
accessory building which may project over or into a minimum yard are:
(i)
Side Yards
-
Any projection, including a chimney chase or eaves, may project
up to one half of the minimum side yard required for the building,
-
Unenclosed steps or landings or ramps providing access to the
building may project the full depth of the minimum side yard,
-
A cantilevered wall section having a horizontal width of 2.5m (8 ft.)
or less may project up to 0.6m (2 ft.) into the minimum side yard
required for the building,
-
In all cases, no projection that would reduce the distance required
by Section 7.10 Laneless Subdivisions shall be allowed.
(ii)
Front Yards
-
Unenclosed steps or landings or ramps may project up to 2.5 m
(8.2 ft.) into the minimum front yard required for the building,
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Bylaw No. 396/11
-
A cantilevered wall section having a horizontal width of 2.5m (8 ft.)
or less may project up to 0.6m (2 ft.) into the minimum front yard
required for the building,
-
All other projections may project up to 1.5 m (4.92 ft.) into the
minimum front yard required for the building.
(iii)
Rear Yards
-
A cantilevered wall section having a horizontal width of 2.5m (8 ft.)
or less may project up to 0.6m (2 ft.) into the minimum rear yard
required for the building,
-
All other projections may project up to 3m (9.84 ft.) over the
minimum rear yard required for the building.
(c)
In all other Districts, the portion of and attachments to a main or
accessory building which may project over or on a minimum yard are:
(i)
a cantilevered wall section having a horizontal width of 2.5m (8 ft.)
or less may project up to 0.6m (2 ft.) into any minimum yard
required for the building;
(ii)
any other projection, excluding a cantilevered wall section, may
project up to 1.5 m (4.92 ft.) into a minimum front or rear yard
required for the building;
(iii)
any other projection may project up to 0.6 m (2 ft.) into a
minimum side yard required for the building;
(iv)
any projection that is an exterior fire escape not exceeding 1.2 m
(3.94 ft.) in width may project into any minimum required yard for
the building;
(v)
in all cases, no projection that would reduce the distance required
by Section 7.10 Laneless Subdivisions shall be allowed.
(d)
No portion of a building other than eaves, signs or canopies shall project
into a public or private right-of-way.
7.9
Objects Prohibited or Restricted in Yards
(a)
No person shall allow a motor vehicle which is in a dilapidated or unsightly
condition, or a derelict vehicle to remain or be parked on a parcel in any
district, unless it is suitably housed or screened to the satisfaction of the
Development Authority.
(b)
No tractor truck, tractor truck trailer or tractor truck with trailer shall be
parked or stored in any residential district for longer than is reasonably
necessary to load or unload said vehicle.
(c)
With the exception of recreational vehicles, no vehicle or vehicle with a
trailer attached having an individual or combined gross vehicle weight in
excess of 4,500 kg shall be parked or stored in any residential district for
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
longer than is reasonably necessary to load or unload said vehicle.
(d)
Notwithstanding subsections (b) and (c), tractor trucks and vehicles, and
vehicles with trailers, which may have an individual or a combined gross
vehicle weight in excess of 4,500 kg, are permitted in the Heavy Vehicle
Residential (R4) District where a development permit involving the
parking or storage of said vehicle has been issued.
(e)
All types of outdoor boilers are prohibited.
7.9A
Recreational Vehicles
(a)
A recreational vehicle and/or a recreational vehicle on a trailer may be
parked or stored in any yard of a parcel in a residential District, the Urban
Reserve District or the Agricultural District provided it:
(i)
is set back at least 4.5m (15 ft.) from any intersection of a public
street or lane; and
(ii)
does not overhang any portion of a public sidewalk, street, or lane.
(b)
A recreational vehicle parked or stored on a parcel in a residential District,
the Urban Reserve District or the Agricultural District may be used for
overnight accommodation for a maximum cumulative period of time not
exceeding 30 days per year.
(c)
A recreational vehicle located in an approved campground or recreational
vehicle park may be used year-round.
(d)
A recreational vehicle being used for overnight accommodation for a
cumulative period greater than 30 days per year, and not located within
an approved campground or recreational vehicle park, shall:
(i) be placed in the rear yard of the parcel and provide a minimum 2m (6.6
ft.) side yard and rear yard and not obstruct the ability to place a
permanent dwelling that meets the yard and setback requirements of the
District;
(ii) provide water and wastewater services, solid waste collection, heat and
electricity in a manner that is acceptable to the Development Authority and that
meets the applicable Safety Codes requirements;
(iii) only be approved for use as temporary accommodation where a development
permit for a permanent dwelling has been approved and while a permanent
dwelling is under construction; and
(iv) only be approved on a limited time basis not to exceed three calendar years
and a renewal application may be made at the expiry of the specified time limit.
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
7.10
Laneless Subdivisions
(a)
In a laneless subdivision in a residential district, one side yard shall not be
less than
(i)
1.5 m (4.92 ft.), in the case of a detached dwelling with attached
garage, or
(ii)
3 m (9.84 ft.), in the case of a detached dwelling without attached
garage;
and both side yards shall not be less than;
(iii)
1.5 m (4.92 ft.), in the case of a duplex with attached garages, or
(iv)
3 m (9.84 ft.), in the case of a duplex without attached garages.
(b)
In a laneless subdivision in a commercial or industrial district, one side
yard shall not be less than 6 m (19.69 ft.). This does not apply to an
accessory building where such building is located to the rear of the main
building and separated there from by a minimum distance of 12 m (39.37
ft.).
7.11
Fences
(a)
A fence located on a residential property shall be no higher than:
(i)
1 m (3.28 ft) in the front yard; and
(ii)
2 m (6.56 ft) in all other yards
(b)
A fence located on a non-residential property shall be no higher than:
(i)
1 m (3.28 ft) in the front yard; and
(ii)
2 m (6.56 ft) in all other yards.
(c)
Notwithstanding subsections (a) and (b) above, the Development
Authority may approve a higher fence where, at the sole discretion of the
Development Authority, the higher fence is necessary to address issues
pertaining to visual screening or site security.
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
Vehicles
7.12
Parking
(a)
The following minimum number of parking spaces shall be provided and
maintained upon the use of a parcel or a building in any district as
described in the Land Use District Regulations of this Land Use Bylaw.
Any calculation of the number of parking spaces which produces a
requirement for part of a space shall be rounded up to the next highest
integer
No. of
Uses
Parking Spaces/GFA
(Gross Floor Area)
Commercial
Indoor merchandise sales
District shopping centres
5.0/100 m² (1,076.4 ft2)
Neighbourhood shopping centres
4.0/100 m² (1,076.4 ft2)
Other
3.5/100 m² (1,076.4 ft2)
Offices
2.5/100 m² (1,076.4 ft2)
Motels
1.0/guest room
Personal services
2.5/100 m² (1,076.4 ft2)
Repair services
2.0/100 m² (1,076.4 ft2)
Restaurants, lounges, and taverns
1.0/4 seats
Vehicle and equipment sales
2.0/100 m² (1,076.4 ft2)
Industry
Manufacturing industry
Minimum provision
6.0
Office area
2.0/100 m² (1,076.4 ft2)
Other area
1.0/100 m² (1,076.4 ft2)
Warehousing and storage
Minimum provision
4.0
Office area
2.0/100 m² (1,076.4 ft2)
Storage area
0.7/100 m² (1,076.4 ft2)
Public
Hospitals and nursing homes
1.0/4 beds and 1.0/2 workers
Places of worship
1.0/4 seats
Public assembly buildings
1.0/4 seats
Schools
Elementary and junior high
1.0/1 worker
Senior high
1.0/1 worker and
1.0/20 students
Residential
Apartments, fourplexes and multiple
housing developments
1.75/dwelling
Adult care housing
1 per 2 units of accommodation plus 1 per
employee on the largest working shift
Senior citizens housing
2.0/3 units of accommodation
All other
2.0/dwelling
Uses not listed above
the number of spaces shall be determined by the
Municipal Planning Commission having regard to
similar uses listed above and the estimated traffic
generation and attraction of the proposed use.
(b)
When a building is enlarged or the use of a parcel or a building is
changed or increased in intensity, the additional parking spaces to be
provided shall be limited to the difference between the requirement of the
original building or use and that of the enlarged building or changed or
intensified use.
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
(c)
The parking space requirement on a parcel which has or is proposed to
have more than one use shall be the sum of the requirements for each of
those uses.
(d)
Any loading space provided pursuant to subsection 7.13 may be used as
parking space.
(e)
Each parking space shall have dimensions of not less than 3.05 m (10 ft.)
by 6.1 m (20 ft.).
(f)
The dimensions of parking areas shall be as set out in the following
diagram and table
A
Parking
Angle
B
Stall
Width
C
Stall
Depth
D
Overall
Depth
E
Manoeuvring
Space
F
Curb
Length
G
Row End
Length
0
3.05 m
(10 ft.)
3.05 m
(10 ft.)
9.60 m
(31.48 ft.)
3.50 m
(11.48 ft.)
7.62 m
(25.00 ft.)
0.00 m
(0.00 ft)
30
3.05 m
(10 ft.)
5.69 m
(18.67 ft.)
14.88 m
(48.82 ft.)
3.50 m
(11.48 ft.)
6.10 m
(20.00 ft.)
1.52 m
(4.99 ft.)
45
3.05 m
(10 ft.)
6.47 m
(21.23 ft.)
16.94 m
(55.58 ft.)
4.00 m
(13.12 ft.)
4.31 m
(14.14 ft.)
2.16 m
(7.09 ft)
60
3.05 m
(10 ft.)
6.80 m
(22.31 ft.)
19.10 m
(62.66 ft.)
5.50 m
(18.04 ft.)
3.52 m
(11.55 ft.)
2.64 m
(8.66 ft.)
90
3.05 m
(10 ft.)
6.10 m
(20.00 ft.)
19.81 m
(65.00 ft.)
7.62 m
(25.00 ft.)
3.05 m
(10 ft.)
0.00 m
(0.00 ft)
(g)
A minimum standard of 30.19 m² (325 ft2) per parking space shall be used
for general calculations for the areas of parking facilities or the number of
parking spaces in a parking facility.
(h)
Parking spaces shall be located on the same parcel as the use for which
they are being provided except that, subject to the approval of the
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Bylaw No. 396/11
Municipal Planning Commission, the spaces may be located on another
parcel within 50 m (164.0 ft.) walking distance, provided that a restrictive
covenant, ensuring the use of the parcel for the required number of
parking spaces, is registered against the certificate of title of that parcel.
(i)
The surface of parking areas shall be all-weather;
(j) Designated parking stalls for the use of those with disabilities shall be
required in accordance with provincial regulations and standards. These
stalls shall be considered part of the minimum number of stalls required
for the development under subsections 7.12(a)(b) and (c).
7.13
Loading Spaces
(a)
Loading spaces shall be required for all non-residential development and
apartments, except in the Central Commercial District (C1).
(b)
Loading spaces shall be designed and located so that all vehicles using
those spaces can be parked and manoeuvred entirely within the bounds
of the parcel before moving onto a road.
(c)
Loading spaces shall be located in rear and side yards only.
(d)
A loading space shall be at least 3.5 m x 8 m (11.48 ft. x 26.25 ft.), with
an overhead clearance of at least 4.6 m (15.09 ft.).
(e)
Hard surfacing of the loading space shall be required, where a loading
space enters a paved road; otherwise, the surfacing shall be all-weather.
7.14
Vehicle Access to Buildings
(a)
Any building into which a vehicle may enter shall have a driveway on the
parcel at least 6 m (19.69 ft.) in length, except where the driveway enters
a lane, where it shall be either 1 m (3.28 ft.) or at least 6 m (19.69 ft.).
7.15
Sight Lines at Intersections of Roads in All Districts
(a)
In order to maintain an appropriate sight line for vehicular and pedestrian
traffic, no person shall erect, place, allow or permit any building, fence,
vehicle or trailer, screening material or object, and no person shall plant
or permit to grow any hedges, trees or vegetation which exceeds 0.9 m (3
ft) in height on a portion of a corner site as follows:
(i)
At the intersection of two lanes, a 4.5 m (14.8 ft) sight triangle
shall be provided;
(ii)
At the intersection of a street and a lane a 3 m (9.8 ft) sight
triangle shall be provided;
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Bylaw No. 396/11
(iii)
At the intersection of two streets, a 6 m (19.7 ft) sight triangle shall
be provided.
(b)
At the intersection of other roads, the Development Officer/Municipal
Planning Commission may require the calculation of sight triangles where
(i)
one or more rights-of-way is less than 15 m (49.21 ft.); or
(ii)
regulated vehicle speed exceeds 50 km/h; or
(iii)
one of the carriageways is not centred in its right-of-way; or
(iv)
an intersection leg is curved or skewed; or
(v)
an intersection leg is sloped at 2% or greater.
(c)
Sight triangle calculations shall be in accordance with the recommended
methods of the Transportation Association of Canada regarding crossing
sight distances for roads.
House
L
A
N
E
STREET
6 m
6 m
LANE
4.5
m
3m
4.5 m
3m
no walls, fences
> 0.9 m (3 ft)
=
S
T
R
E
E
T
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Bylaw No. 396/11
7.16
Sight Triangles at Road and Rail Intersections
(a)
At the intersections of roads and railways, which are unprotected by
automatic warning signals, sight triangles shall be determined as follows
A = 182.88 m (600 ft.)
B = 28.96 m (95 ft.)
(b)
At the intersections of roads and railways which are protected by
automatic warning signals, the Development Authority may require the
calculation of sight triangles where
(i)
one or more of the rights-of-way is less than 15 m (49.21 ft.); or
(ii)
regulated vehicle speed exceeds 50 km/hr; or
(iii)
either the carriage way or the railway is not centred in its
right-of-way; or
(iv)
an intersection leg is curved or skewed; or
(v)
an intersection leg is sloped at 2% or greater.
(c)
Sight triangle calculations shall be in accordance with the recommended
methods of the Transportation Association of Canada regarding crossing
sight distances for roads, with the provision that distance between the
nearest rail and the front of the stopping motor vehicle be between 5 m
(16.40 ft.) and 15 m (49.21 ft.) as required by the Highway Traffic Act.
7.17
Driveways
(a)
At street intersections, driveways shall be setback from the parcel
boundaries which form the intersection not less than
(i)
6 m (19.69 ft.) where the driveway serves not more than four
dwelling units; or
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Bylaw No. 396/11
(ii)
15 m (49.21 ft.) for all other uses;
except where existing or planned traffic volumes indicate that a
greater distance is required to improve or maintain traffic safety
and efficiency.
(b)
The maximum width of a driveway shall be 10 m (32.28 ft.).
(c)
The minimum distance between driveways shall be
(i)
nil, where the driveways serve single dwelling units;
(ii)
6 m (19.69 ft.), where the driveways serve any other use, except
where existing or planned traffic volumes indicate that a greater
distance is required to improve or maintain traffic safety and
efficiency.
(d)
The minimum angle for a driveway to a use which generates high traffic
volumes shall be 70 degrees.
(e)
To ensure that the movement of traffic is both safe and efficient,
driveways are not allowed on the streets identified on Schedule A, unless
alternative access is unavailable.
Miscellaneous
7.18
Non-Conforming Buildings and Uses
(a)
A non-conforming use of land or a non-conforming use of a building may
be continued but if that use is discontinued for a period of six consecutive
months or more, any future use of the land or building shall conform with
the provisions of this Land Use Bylaw.
(b)
A non-conforming use of part of a building may be extended throughout
the building but the building, whether or not it is a non-conforming
building, shall not be enlarged or added to and no structural alterations
shall be made thereto or therein.
(c)
A non-conforming use of part of a parcel shall not be extended or
transferred in whole or in part to any other part of the parcel and no
additional buildings shall be erected upon the parcel while the non-
conforming use continues.
(d)
A non-conforming building may continue to be used but the building shall
not be enlarged, added to, rebuilt, or structurally altered except
(i)
as may be necessary to make it a conforming building; or
(ii)
as the Development Officer/Municipal Planning Commission
considers necessary for the routine maintenance of the building.
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(e)
If a non-conforming building is damaged or destroyed to the extent of
more than 75 per cent of the value of the building above its foundation,
the building shall not be repaired or rebuilt except in accordance with this
Land Use Bylaw.
(f)
The use of land or the use of a building is not affected by reason only of a
change of registered ownership, tenancy or occupancy of the land or
building.
7.19 Home Occupations
a)
An approved development permit will remain in effect, provided the
category (minor or major) does not change, and all requirements and
conditions of the development permit have been satisfied;
b)
A development permit for a Home Occupation does not exempt the
applicant from complying with any other Federal, Provincial, or Municipal
legislation;
c)
If, at any time, the permit holder does not comply with any of the
requirements of a development permit or other Federal, Provincial, or
Municipal provisions, the Development Authority may suspend or cancel
that development permit;
d)
A development permit is based solely on the location of the use on a
specific parcel. If a permit holder relocates within the Municipality, the
permit holder must apply for a development permit to continue the use
from the new location. The intent of this regulation is to allow residents of
the new neighborhood an opportunity to comment on the application.
e)
Each development permit for a minor or major home occupation shall
comply with the requirements identified for their respective class of home
occupation in the table below:
Category
Home Occupation - Minor
Home Occupation - Major
Area of
residence and
accessory
buildings
All home occupations within a residence shall be limited to
a maximum of 30% of the gross floor area of the principal
residence, which includes the area used within 1 accessory
building. All business activities shall be conducted entirely
within the confines of these buildings
Number of
Home
Occupations
2 - only the first occupation
shall require a development
permit provided the second
occupation complies with all
other regulations herein
Only one major home
occupation shall be allowed
per residence.
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Category
Home Occupation - Minor
Home Occupation - Major
Exterior/Interior
alterations,
additions to
buildings
Exterior - prohibited
Interior - permitted provided proper safety codes permits
are obtained
Level of exterior
impact
No exterior evidence of
occupation permitted
No nuisances by way of
noise, vibration, smoke,
dust, fumes, odours, heat,
glare, or electrical or radio
disturbance, detectable
beyond the property
boundary shall be produced
by a home occupation
Storage of
goods and
materials
No exterior storage of goods or materials is permitted
Generation of
client traffic
Client visits at the residence
is prohibited
Number of clients is limited
to a maximum of 5 per day
and shall be limited to
between the hours of
8:00am and 8:00pm
Delivery vehicles
Business related traffic is restricted to a maximum of 2
delivery trips per day
Parking
No extra spaces required as
no client visits or non-
resident employees are
allowed
In addition to the parking
requirements for the
residential use, a minimum
of 1 client parking space
shall be provided and 1
parking space shall be
provided in the case of a
home occupation with a
non-resident employee
Employees
People employed by the
home occupation shall be
limited to those living in the
residence
People employed by the
home occupation shall be
limited to those living in the
residence plus a maximum
of one additional person,
provided an additional
parking space is provided
specifically for that
employee
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Category
Home Occupation - Minor
Home Occupation - Major
Business related
vehicles
Only one commercial motor vehicle associated with the
home occupation business may be parked on-site or in the
vicinity of the site at any time
Signs and
Advertising
Prohibited anywhere on the
property or buildings
containing the home
occupation except that on the
one commercial vehicle
described above
Only one business
identification sign having
maximum dimensions of
0.25 m by 0.30 m and
located within a window or
on the side of the building
in addition to any
advertising on the one
commercial vehicle
described above
7.20
Dangerous Goods
(a)
Prior to making any decision on a development permit application for a use
involving dangerous goods or a site adjacent or in close proximity to where
dangerous goods are kept, the Development Authority shall refer the
application to the appropriate regulatory authority for comment.
(b)
Any on-site manufacture, storage and/or handling of dangerous goods in
excess of the quantities listed in the table titled Small Quantity Exemptions
for Dangerous Goods shall not be allowed on that portion of a parcel that is
within 50m (164 ft.) of any parcel located in a residential District or a public
use District.
SMALL QUANTITY EXEMPTIONS FOR DANGEROUS GOODS
The existence of the following quantities of dangerous goods on a site will not be
considered to constitute a "dangerous goods occupancy". Any quantities in
excess of this amount will be considered to constitute a "dangerous goods
occupancy" and must be approved by the Fire Chief.
Mass Explosion Hazard 1
Any
Severe Fragment Projection 1
Any
Predominant Fire Hazard 1
Any
No Significant Blast Hazard 1
50 Kg
Insensitive Substances (Mass Hazard)1
250 Kg
Extremely Insensitive Substances 1
250 Kg
Flammable Gases 2
100 L of Kg
Compressed Gases 2
1000 L
Toxic Gases
Any
Flammable Liquids
250 L
Combustible Liquids (incl. waste oil)
1000 L
Flammable Solids
25 Kg
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Spontaneous Combustible Material
25 L or Kg
Dangerous When Wet Material
25 L or Kg
Oxidizing Substances
50 L of Kg
Organic Peroxides
1 L or Kg
Toxic Materials
5 L or Kg
Infectious Substances
Any
Radioactive Materials 3
Any
Corrosives
250 L of Kg
Miscellaneous Dangerous Goods
250 L or Kg
Notes: 1 any amount that requires license from Explosive Branch (Natural
Resources Canada)
2 amounts listed are the equivalent liquid measure of the container
3 any amount that requires license from Atomic Energy Regulators
7.21
Mechanized Excavation, Stripping and Grading of Parcels
(a)
A development permit is required for any mechanized excavations, stripping
and/or grading where no other use has been proposed. A person wishing to
excavate, strip or grade land for which a development permit has not been
issued for an associated development shall apply to the Development Officer on
the prescribed form and shall set out the following details in their application
(i)
the legal description of the site on which the excavation, stripping or
grading is to take place;
(ii)
the specific area on the site to be affected by the operation;
(iii)
the present height of the land relative to any adjoining public thoroughfare
and adjacent sites;
(iv)
the proposed depth to which the site is to be excavated or topsoil
removed and the level to which it is proposed to restore surface of the
land in relation to lands adjacent to the subject property;
(v)
an outline of the methods for controlling or avoiding any nuisance arising
from noise, dust, or drainage from the operation; and
(vi)
the length of time that the applicant estimates will be required to complete
the excavation or work.
(b)
Where not otherwise stated in the applicable District, the mechanized excavation
of land or the removal of topsoil shall be deemed to be a discretionary use.
(c)
It shall be the responsibility of the applicant to restore the worked area to a level
and safe condition as required by the Development Authority.
(d)
The applicant is responsible for controlling or avoiding any nuisance arising from
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noise, dust, or drainage from the operation.
(e)
A temporary fence shall be erected around all excavations which in the opinion of
the Development Authority may be dangerous to public safety.
7.21A Parcel Grading and Drainage
(a) The storm water run-off and sub-surface drainage of all development shall be in a
manner acceptable to the Development Authority.
(b)
Any area that is landscaped and/or re-contoured shall be done so that the
finished grade does not direct surface drainage or cause the impounding of
drainage on adjoining land unless otherwise approved by the Development
Authority.
(c) Storm water run-off and sub-surface drainage, including the discharge of sump
pumps, of all development shall not directly discharge or cause any flows across
a sidewalk.
(d)
All roof drainage from any building shall be directed onto the parcel upon which
such building is situated by means of eaves troughs and downspouts, or other
suitable means, to the satisfaction of the Development Authority.
(e)
Where the final site grades have been established through a development
agreement or engineered drawings, the Development Authority shall require the
applicant to provide a grading and location certificate indicating the final
elevations of the corners of the property and the front and rear elevations and
locations for all buildings.
7.22
Landscaping
(a) All areas of a parcel not covered by buildings, driveways, parking, storage and
display areas shall be seeded to grass, sodded, cultivated as a garden,
landscaped or hard landscaped or left with its natural, weed-free grass and
vegetative cover according to the following standards:
(i) the conservation of existing trees and shrubs to the greatest extent
possible;
(ii) a sufficient depth of topsoil to facilitate growth of soft landscaped areas;
(iii) the planting of additional trees and shrubs to provide screening of outdoor
storage areas from adjacent buildings and public roadways; and
(iv) up to a maximum of 20 percent of the parcel being hard landscaped.
(b) All landscaping of a parcel must be complete by the end of the first full growing
season following the completion of construction or the commencement of the
approved use.
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(c) The owner of a property shall be responsible for the installation and proper
maintenance of all landscaping that is required by a development permit. If the
required landscaping does not survive two (2) growing seasons following the
date the landscaping was planted, the owner must replace it with a similar
species and similar width and height. The absence of landscaping required in a
development permit may be enforced as a breach of the conditions of approval.
7.22A Crime Prevention Through Environmental Design (CPTED)
(a) All development is encouraged to be designed in a manner that takes Crime
Prevention Through Environmental Design (CPTED) strategies into
consideration. This includes:
(i)
natural surveillance - design of site and buildings, lighting, and
landscaping to promote natural observation and opportunities for people
to observe and be observed from adjacent spaces;
(ii)
access control - placement of buildings and landscaping to physically or
visually indicate public access areas and restrict access to private areas;
(iii)
territorial reinforcement - buildings, landscaping and improvements used
to distinguish between public and private spaces.
(b) The Development Authority may require a CPTED analysis to be completed for
any development and may include conditions on development permits to ensure
adherence to CPTED principles as required by the Development Authority.
7.23
Development Setbacks from Oil and Gas Wells
In accordance with the Subdivision and Development Regulation:
(i)
development that results in permanent overnight accommodation or
public facilities must not be approved unless it conforms to the setback
requirements of the Alberta Energy Regulator with respect to sour gas
facilities unless the Board has given written approval to a lesser setback;
(ii) no building shall be constructed within 100m (328.1 ft) of the well head of
a gas or oil well unless otherwise approved in writing by the Alberta
Energy Regulator; and
(iii) no building larger than 47m2 (506 ft2) shall be approved within 5m (15 ft)
of the well bore of an abandoned well.
7.24
Development Setbacks from Landfills and Waste Sites
(a)
In accordance with the Subdivision and Development Regulation, a
development authority shall not issue a development permit for a school,
hospital, food establishment or residence, nor may a school, hospital,
food establishment or residence be constructed if the building site:
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Bylaw No. 396/11
(i)
is within 450 m of the working area of an operating landfill;
(ii)
is within 300 m of the disposal area of an operating or non-
operating landfill;
(iii)
is within 450 m of the disposal area of a non-operating hazardous
waste management facility, or
(iv)
is within 300 m of the working area of an operating waste storage
site.
(b)
a sanitary landfill, modified sanitary landfill, dry waste site, hazardous
waste management facility, waste processing site, waste storage site,
waste sorting station or waste transfer station must not be approved
within the distances specified in 7.24 (a) i-iv above from the property
boundary of a school, hospital, residence, or food establishment specified
in the Subdivision and Development Regulation, unless the development
is approved in writing by the Deputy Minister of Alberta Environment and
Parks.
7.25
Solar Energy Devices
(a)
Building mounted solar panels shall:
(i)
be mounted to the roof or wall structure of a building and shall be
integrated to look like part of the roof or wall/structure.
(ii)
not project more than 0.15 m (6 inches) from the horizontal or
sloped surface to which they are attached;
(iii)
when located on buildings with flat roofs, not project vertically
more than 1.0 m (3.28 ft) above the roof line in residential districts
and not more than 1.8 m (6ft) above the roof line in all other
districts; and
(iv)
not project beyond the outermost edge of the roof or wall to which
it is mounted.
(b)
Freestanding solar energy devices shall:
(i)
be located in a side or rear yard only; and
(ii)
not exceed 2.0 m (6.6 ft) in height above the ground.
7.26
Wind Energy Devices
(a)
Wind energy devices shall be considered an accessory use.
(b)
The mean value of the sound pressure level from a wind energy device
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Bylaw No. 396/11
shall not exceed more than 6 decibels (dBA) above background sound,
as measured at the exterior of the closest neighboring inhabited dwelling.
(c)
Wind energy devices shall not exceed the maximum height for the district
in which they are located.
(d)
The base of a freestanding wind energy device shall be set back from the
property line a minimum distance equal to the height of the wind turbine
tower.
(e)
Freestanding wind energy devices shall only be located in the rear yard of
a parcel.
7.26A Private Pools and Decorative Ponds
(a) All private pools must be:
(i) located in a side or rear yard of the parcel;
(ii) at least 1 m (3.28 ft) from any side or rear property line shared
with another parcel and 3 m (10 ft) for side or rear property line
abutting a street; and
(iii) be secured against entry by the public other than owners, tenants,
or their guests by being enclosed by a 1.82m (6 ft) fence designed
to deter children from climbing over, crawling through or crawling
under to gain access.
(b) All decorative ponds must be:
(i) located in a side or rear yard if the depth of the pond is greater
than 0.6m (2 ft);
(ii) at least 1m (3.28 ft) from any property boundary; and
(iii) be secured against entry by the public other than owners, tenants
or their guests by being enclosed by a 1.82m (6 ft) fence designed
to deter children from climbing over, crawling through or crawling
under to gain access if the depth of the pond exceeds 0.6m (2 ft).
7.27
Guidelines for Other Land Uses
All uses which are not covered by specific regulations in Part 9 - Land Use District
Regulations shall, in accordance with the following guidelines, be
(i)
separated from adjacent uses by such a distance as to ensure
that there will be no adverse impact upon or by those adjacent
uses;
(ii)
at a density which is consistent with that prevailing in the area
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Bylaw No. 396/11
unless otherwise provided for in a statutory plan;
(iii)
set back from any parcel boundary abutting a road a sufficient
distance to ensure that the development will not be visually
intrusive, having regard to any possible changes in surrounding
uses;
(iv)
of a height which will be consistent with that prevailing in the area;
(v)
developed in such a manner that there will be no adverse impact
upon or by traffic on adjacent roads;
(vi)
developed in conformance with any applicable statutory plan
policies; and
(vii)
developed in accordance with the provisions of Part 7 - General
Land Use Regulations
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PART EIGHT: SIGNS
8.1
Application for a Sign Permit
A development permit application for a sign shall include the following information:
(a)
location of the sign by elevation drawing or site plan of the property
showing distance to front and side property lines, approaches or driveway
locations and distances from existing building.
(b)
overall dimensions of the sign.
(c)
amount of projection from the face of the building or above the building
roof or parapet wall.
(d)
height of a freestanding sign.
(e)
amount of projection over public property.
(f)
height of sign above ground level; and
(g)
manner of illuminating the sign in any form of animated or intermittent
lights.
8.2
Sign Definitions
"a-board" means a self-supporting A-shaped local advertising sign which is set upon the
ground and has no external supporting structure;
"awning" means a projection supported solely from the building, constructed with a fabric
or plastic skin stretched over a frame used for shelter from the weather;
"awning sign" means a non-illuminated sign which is painted on or affixed flat to the
surface of an awning;
"billboard" means a structure, primarily self-supporting, which is used for the display of
general advertising, the subject matter of which is not necessarily related to the use or
ownership of the property on which the structure is located;
"fascia sign" means a sign placed flat and parallel to the face of the building so that no
part projects more than 0.3 m (1 ft.) from the building. It does not include a billboard;
"freestanding sign" means a sign that is supported independently of a building wall or
structure. It does not include a portable sign;
"portable sign" means a sign which is not in a permanently installed or affixed position;
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Bylaw No. 396/11
"projecting sign" means a sign which is attached to a building or structure so that part of
the sign projects more than 0.3 m (1 ft.) from the face of the building or structure;
"reader board" means a sign which provides for a changeable message through the use
of an electronically displayed message or other similar means and which forms an
integral part of the sign which advertises events related to the principal building;
"roof sign" means any sign placed on or over a roof or a parapet of a building;
"sign" means any structure, device or object used to identify, advertise or attract
attention to any product, place, activity, person, institution, organization, firm, group,
commodity, profession, enterprise, industry or business;
"sign area" means the entire surface area on a single side of a sign on which advertising
could be or is intended to be placed.
8.3
General Sign Provisions
(a)
A sign shall not conflict with the general character of the surrounding
streetscape or the architecture of nearby buildings or be liable to create a
cluttered appearance to the streetscape.
(b)
No sign shall project higher than the roof-line of the building to which it is
attached.
(c)
A sign shall not project closer than 0.75 m (2.46 ft.) to the existing or
future curb line.
(d)
Where a sign projects over public property, a minimum clearance of 2.5 m
(8.20 ft.) above grade level shall be maintained.
(e)
Notwithstanding subsection (d), where a sign is located in or projects into
or over a driveway or other area of vehicle movement, a minimum
clearance of 4.6 m (15.09 ft.) above grade level shall be maintained.
(f)
A sign shall not obstruct the view of or be liable to be confused with an
official traffic sign, signal or device or otherwise pose a potential hazard to
traffic.
(g)
A sign shall not display lights which may be mistaken for the flashing
lights customarily associated with danger or those used by police, fire,
ambulance, or other emergency vehicles.
8.4
Fascia and Projecting Signs
(a)
No fascia or projecting sign shall be lower than 2.5 m (8.20 ft.) above
grade, except in the case of signs intended solely for the information of
pedestrians in which case the height shall be determined by the
Development Authority having regard, amongst other things, to clarity and
safety.
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(b)
No fascia or projecting sign on a single storey building shall be higher
than the highest point of the structure.
(c)
No fascia sign shall project more than 0.4 m (1.31 ft.) over a street or
public property.
(d)
No fascia or projecting sign on a building two or more storeys in height
shall be higher than the sill level of the second floor windows or the
equivalent height in the case of attachment to a blank wall.
(e)
The maximum size for projecting signs shall be 1 m² (10.8 ft2).
(f)
On corner sites, projecting signs shall be placed at equal angles to the
walls that form the corner and on other sites, at right angles to the wall.
(g)
Projecting signs shall not project more than 1 m (3.28 ft.) over a street or
public property.
(h)
Only one projecting sign may be erected on each street frontage of a
building.
8.5
Freestanding Signs
(a)
No freestanding sign shall extend beyond 6 m (19.68 ft.) above grade or
be larger than 4.5 m² (48.44 ft2) except in a Highway Commercial District
where
(i)
the maximum in all cases other than a district shopping centre,
shall be 7 m (22.97 ft.) in height and 9.5 m² (102.26 ft2) in sign
area; and
(ii)
at a district shopping centre, the maximum shall be 8.5 m (27.89
ft) in height and 14 m² (150.70 ft2).
(b)
Only one freestanding sign may be erected on each of a parcel's
boundaries with a street.
(c)
No freestanding sign shall be erected in such proximity to a Public
Recreation or Environmental Open Space District that it would detract
from the natural aesthetics of that District.
(d)
Freestanding signs and billboards shall be separated by a minimum
distance of 30 m (98.43 ft) from each other.
(e)
Freestanding signs shall only be erected on sites to which their display
relates except in the case of
(i)
advance directional signs which may be approved by the
Development Authority in locations where it considers the free and
safe flow of traffic may be enhanced; or
(ii)
signs used solely by community organizations.
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8.6
Portable Signs
(a)
Portable signs may only be used to advertise business which commences
operation on the parcel upon which the sign is erected within 60 days
before or after the date of application for a development permit.
(b)
The use of a portable sign shall be limited to a maximum of 60 days
following which time the sign shall be removed from the parcel.
(c)
Only one portable sign shall be permitted on a parcel at any one time and
a minimum of 30 days shall elapse between the removal of one portable
sign and the erection of another on the same parcel.
(d)
No portable sign shall be higher than 2 m (6.6 ft.) above grade or larger
than 3 m² (32.29 ft2).
8.7
Awning Signs
Awning signs shall only be permitted if the awning is a minimum of 2.5 m (8.20 ft.) above
grade level.
8.8
Billboard Signs
(a)
No billboard or any portion thereof shall be erected or placed in the
Central Commercial District (C1), Highway Commercial District (C2), or
the Heavy Industrial District (I2)
(b)
The maximum dimensions of a billboard shall be 3.1 m (10 ft) high by
6.10 m (20 ft) long.
(c)
The maximum height above grade of a billboard shall be 4.5 m (14.8 ft).
(d)
Illumination of billboards shall be restricted to gooseneck type lighting that
directs light downward toward the sign.
8.9
Reader Boards
a)
A reader board may form part of a freestanding sign or fascia sign.
b)
A reader board sign may not exceed a height of 7.0 m (23 ft.) with a
maximum sign area of 9.3 m² (100 ft²).
c)
A reader board sign may display digital text and images but no text or
image shall scroll or flash.
d)
The rate at which text and/or images change or are refreshed shall be no
less than 6 seconds.
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8.10
A-board Signs
A-board signs shall only be placed on sidewalks in the Central Commercial District (C1)
subject to the following:
(a)
Sign to be a maximum of 0.61 m (2 ft.) wide and 0.91 m (3ft.) high.
(b)
Signs shall be placed on the sidewalk in a location that allows at least 1.2
m (3.9 ft.) minimum width for pedestrian traffic.
(c)
Signs shall not impede the views of pedestrians or street traffic.
(d)
Signs shall only be allowed on sidewalks during hours when the business
to which the sign relates is open to the public.
(e)
Signs shall be limited to one sign per business to be placed directly in
front of the building in which the business is located.
(f)
Signs cannot be placed on centre medians.
(g)
Signs must be constructed of a material such that a rigid frame is
provided.
8.11
Other Signs
The Development Authority may approve other signs subject to the general provisions of
subsection 8.3.
8.12
Contravention and Enforcement
(a)
Where a sign that is both large in size and intended as a permanent
fixture on a site or building
(i)
no longer fulfils its function under the terms of the approved
development permit or;
(ii)
has become deteriorated so that it detracts from the natural
aesthetics or general character of the District.
The Municipal Planning Commission may recommend that the Council resolve to order
the removal of such a sign and the lawful owner of the sign or where applicable, the
registered owner of the land upon which the sign is located, shall, upon such a
resolution:
(i)
remove such a sign and all related structural components within
thirty (30) days from the date of receipt of such a removal notice;
(ii)
restore the immediate area around the sign to the satisfaction of
the Municipal Planning Commission; and
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(iii)
bear all the costs related to such removal and restoration.
(b)
Where a sign that is both small in size and intended as a temporary or
portable fixture on a site or building is believed on reasonable grounds by
the CAO, or staff designated by the CAO, to not be authorized pursuant
to this Bylaw, the CAO or designated staff may remove and impound the
sign:
(i)
in the case of a sign for which a permit is issued, after 7 days
notice to the sign permit holder, delivered to the address shown
on the permit; or
(ii)
in the case of a sign for which no permit has been issued, without
prior notice to any person.
(c)
Notwithstanding subsection (b), no sign which is located in or upon or
which is affixed to a building shall be removed without either the consent
of the owner of the building, the consent of the owner of the sign or a
court order.
(d)
Following the impounding and removal of a sign, a notice shall be sent to
the owner of the sign (if known) or to the owner of the premises from
which the sign is removed, advising of the removal. The owner of the sign
may secure its release from impound upon payment in full of all
applicable impounding and storage charges at the rates specified in a
schedule of fees adopted by Council for this purpose.
(e)
An impounded sign which has not been redeemed within 30 days of the
date of the service of notice as specified in subsection (d) may be
disposed of by the municipality without further notice to any person and
without any liability to compensate the owner of the sign.
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PART NINE: LAND USE DISTRICT REGULATIONS
9.1
Establishment of Land Use Districts
(a)
For the purpose of this Land Use Bylaw, the Village of Alix is divided into the
following Districts:
Residential (Low Density Detached Dwellings)
R1
Residential (Medium Density Detached Dwellings)
R1A
Tiny House Residential
R1B
General Residential
R2
Manufactured Home Subdivision
R3
Manufactured Home Park
R3A
Heavy Vehicle Residential
R4
Central Commercial
C1
Highway Commercial
C2
Light Industrial
I1
Heavy Industrial
I2
Public Recreation
PR
Recreation Facility
RF
Environmental Open Space
EOS
Alix Lake Reservoir Land
ALR
Urban Reserve
UR
(b)
The boundaries of the Districts listed in subsection (a) are as delineated on the
Land Use District Map being Schedule A hereto. All public roadways, water
courses and lakes are excluded from the Land Use Districts.
(c)
Where the location of District boundaries on the Land Use District Map is not
clearly understood, the following rules shall apply:
(i)
a boundary shown as approximately following a parcel boundary shall be
deemed to follow the parcel boundary;
(ii)
a boundary which does not follow a parcel boundary shall be located by
measurement of the Land Use District Map; and
(iii)
a boundary location which cannot be satisfactorily resolved, shall be
referred to Council for an official interpretation.
Village of Alix Land Use Bylaw
Page 59
Bylaw No. 396/11
RESIDENTIAL (Low Density Detached Dwellings) DISTRICT (R1)
General Purpose:
To provide an area for low density residential development in the
form of detached dwellings and compatible uses, herein listed,
which are connected to the municipal sewer and water systems.
Permitted Uses:
Accessory residential buildings
Detached dwellings
Discretionary Uses:
Accessory buildings and uses
Adult care housing
Bed and breakfast establishments
Child care facility
Duplexes existing at the date of passage of this Land Use Bylaw
Group homes
Home occupations - minor and major
Manufactured homes meeting the requirements of Section 7.7F
Parking facilities for uses in this District
Parks and playgrounds
Places of worship
Public and quasi-public uses
Public utility buildings
Secondary Suites
Signs
Any use that is similar, in the opinion of the Municipal Planning
Commission, to the permitted or discretionary uses described
above
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Front Yard:
6 m (19.69 ft)
Minimum Side Yard:
1.5 m (4.92 ft) except where it abuts a road - 3 m (9.84 ft)
Minimum Rear Year:
7.5 m (24.6 ft)
Minimum Parcel Area:
Interior parcels
550 m² (5,920.15 ft2)
Corner parcels
600 m² (6,458.34 ft2)
Minimum Parcel Width:
15.24 m (50 ft)
Maximum Parcel Coverage: 55%
Maximum Building Height:
9.5 m (31.17 ft.)
Minimum Floor Area
of Dwelling:
92.9 m2 (1,000 ft2) at ground level excluding area of attached
garage
Maximum Floor Area
of Garage:
70 m2 (753 ft2) for all areas of attached garage(s)
70 m2 (753 ft2) for all areas of detached garage(s)
Village of Alix Land Use Bylaw
Page 60
Bylaw No. 396/11
Alix Lake Setback Requirements
If a parcel abuts or is divided by Alix Lake, or any land that has been designated Public
Recreation (PR) or Alix Lake Reservoir (ALR) Districts, then all dwellings and accessory
buildings shall be set back to comply with the following requirements:
(i)
a distance of at least 7.5 m (24.6 ft) measured horizontally from the maximum
lake level elevation of 790.75 m (2594.32 ft) shall be provided;
(ii)
the bottom elevation of all building footings shall be set not lower than the
elevation of 791.05 m (2595.31 ft);
(iii)
the finished ground at all buildings shall not be less than the elevation of 791.05
m (2595.31 ft.) and the lowest elevation of the finished lot should not be less than
790.75 m (2594.32 ft.) in elevation.
For the purposes of this Land Use Bylaw only, the reference elevation shall be on the
concrete control structure operating deck and can be assumed to be 791.50 m (2,596.78
ft.) as measured in June of 1998.
The Development Authority may waive any or all of the foregoing requirements for
buildings which are necessary for water recreation activities (piers, boat houses, etc.),
for fences, and for earth filling of low lying properties necessary for development
purposes.
Detailed plans of the development showing all areas of earth filling and finished
elevations must be included with each development permit application.
Village owned buildings are exempt from the foregoing.
Village of Alix Land Use Bylaw
Page 61
Bylaw No. 396/11
RESIDENTIAL (Medium Density Detached Dwellings) DISTRICT (R1A)
General Purpose:
To provide an area for medium density residential development in
the form of detached dwellings and compatible uses, herein listed,
which are connected to the municipal sewer and water systems.
Permitted Uses:
Accessory residential buildings
Detached dwellings
Discretionary Uses:
Accessory buildings and uses
Adult care housing
Bed and breakfast establishments
Child care facilities
Duplexes existing at the date of passage of this Land Use Bylaw
Group homes
Home occupations - minor and major
Manufactured homes meeting the requirements of Section 7.7F
Parking facilities for uses in this District
Parks and playgrounds
Places of worship
Public and quasi-public uses
Public utility buildings
Secondary suites
Signs
Any use that is similar, in the opinion of the Municipal Planning
Commission, to the permitted or discretionary uses described
above
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Front Yard:
6 m (19.69 ft.)
Minimum Side Yard:
1.5 m (4.92 ft.) except where it abuts a road - 3 m (9.84 ft.)
Minimum Rear Yard:
7.5 m (24.6 ft)
Minimum Parcel Area:
Interior Parcels
460 m² (4,951.39 ft2)
Corner parcels
510 m² (5,489.59 ft2)
Minimum Parcel Width:
12.80 m (42 ft)
Maximum Parcel Coverage: 55%
Maximum Building Height:
9.5 m (31.17 ft.)
Minimum Floor Area
of Dwelling:
92.9 m2 (1,000 ft2) at ground level excluding area of attached
garage
Maximum Floor Area
of Garage:
70 m2 (753 ft2) for all areas of attached garage(s)
70 m2 (753 ft2) for all areas of detached garage(s)
Village of Alix Land Use Bylaw
Page 62
Bylaw No. 396/11
TINY HOUSE RESIDENTIAL DISTRICT (R1B)
General Purpose:
To provide an area for residential development consisting
predominantly of small sized or tiny detached dwellings and
compatible uses, which are connected to the municipal sewer
system and the municipal water system.
Permitted Uses:
Accessory buildings or uses
Home occupations - minor
Parks and playgrounds
Tiny Houses
Discretionary Uses:
Public and quasi-public uses
Public utility buildings
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Front Yard:
3.05 m (10 ft.)
Minimum Side Yard:
1.52 m (5 ft.) and 3.05 m (10 ft.) where it abuts a road
Minimum Rear Yard:
13.72 m (45 ft.)
Minimum Parcel Area:
Interior parcels
222.96 m2 (2,400 ft2)
Corner parcels
260.12 m2 (2,800 ft2)
Minimum Parcel Width:
Interior parcels
9.14 m (30 ft.)
Corner parcels
10.67 m (35 ft.)
Maximum Parcel Coverage: 75% including all accessory buildings, patios, decks, driveways,
and parking areas
Maximum Building Height:
7.92 m (26 ft.)
Minimum Floor Area
27.87 m2 (300 ft2)
of Dwelling:
Other Requirements:
(1)
No accessory buildings on the same parcel as a tiny house shall have a height greater
than that of the tiny house.
(2)
There shall be no more than two (2) accessory buildings on a parcel that is occupied by
a tiny house and the collective floor area of all accessory buildings shall not exceed
60.39 m2 (650 ft2).
Village of Alix Land Use Bylaw
Page 63
Bylaw No. 396/11
(3)
In order to ensure a pleasing appearance along the street, each tiny house shall be
oriented to face the street and include such features as front porches and verandas,
clearly visible front doors and at least one prominent window on the street front building
elevation.
(4)
Identical houses with similar front elevations must be separated by a minimum of one
parcel unless finishing treatments (building materials and colour patterns) are
substantially different to the satisfaction of the Development Authority.
(5)
Side windows shall be arranged to keep the incidents of windows facing each other to a
minimum in the above grade floors. No window shall face directly into a bedroom area.
Obscured glass shall be used in any bathroom where it faces a window in an adjoining
residence.
(6)
In order to ensure that the front landscape and streetscape is not dominated by
driveways or garages, there shall be no driveways in any front yard and no front
attached garages. All parcels in this District shall have rear lane access.
(7)
All tiny houses shall be placed on a fixed or permanent foundation. A tiny house may be
constructed offsite and moved onto a parcel in this District subject to the following:
a.
the structure shall be no more than 10 years in age;
b.
the character, appearance, design, and quality of the structure must be to a
standard acceptable to the Development Authority; and
c.
the structure must be structurally sound and the Development Authority may
require a written certification by a qualified professional verifying the structural
integrity and quality of construction.
(8)
All tiny houses shall comply with all aspects of the Safety Codes Act and the Alberta
Building Code.
(9)
The Subdivision Authority may approve a subdivision design with individual parcels that
face directly into publicly owned open space areas. Where such approval is granted, the
front parcel boundary shall be deemed to be the boundary shared with the publicly
owned open space parcel for the purposes of establishing the front yard requirements
and building orientation requirements when a development permit is issued.
Village of Alix Land Use Bylaw
Page 64
Bylaw No. 396/11
GENERAL RESIDENTIAL DISTRICT (R2)
General Purpose:
To provide an area for a variety of dwelling types and other uses,
herein listed, which are compatible with a residential area, all of
which are connected to the municipal sewer and water systems.
Permitted Uses:
Accessory residential buildings
Detached dwellings
Duplexes
Discretionary Uses:
Accessory buildings and uses
Adult care housing
Apartments
Bed and breakfast establishments
Boarding and rooming houses
Child care facility
Fourplexes
Group homes
Home occupations - minor and major
Manufactured homes meeting the requirements of Section 7.7F
Multiple housing developments
Multiple unit dwellings
Parking facilities for uses in this District
Parks and playgrounds
Places of worship
Public and quasi-public uses
Public utility buildings
Row houses
Secondary Suites
Signs
Any use that is similar, in the opinion of the Municipal Planning
Commission, to the permitted or discretionary uses described
above.
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Front Yard:
Detached dwellings, duplexes, group homes, row houses and
fourplexes: 6 m (19.69 ft)
Apartments: 7.5 m (24.61 ft)
Multiple housing developments:
Sufficient separation or screening must exist to maintain
privacy within each dwelling under normal conditions.
Minimum Side Yard:
Detached dwellings, duplexes, fourplexes, group homes and
Row houses:
1.5 m (4.92 ft) except where it abuts a public roadway - 3
m (9.84 ft)
Apartments:
3 m (9.84 ft), except where it abuts a public roadway - 6.0
m (19.69 ft)
Village of Alix Land Use Bylaw
Page 65
Bylaw No. 396/11
Multiple housing development:
Sufficient separation or screening must exist to maintain
privacy within each dwelling under normal conditions
Minimum Rear Yard:
Detached dwellings, group homes, duplexes, row houses,
fourplexes and apartments: 7.5 m (24.6 ft)
Multiple housing developments (incorporating buildings with
ground level private access, such as row housing, fourplexes,
duplexes and detached dwellings):
Each dwelling unit shall have a private, screened yard area
of not less than 45 m² (484.39 ft2)
Minimum Parcel Area:
Detached dwellings, group homes:
Interior parcels
460 m² (4,951.39 ft2)
Corner parcels
510 m² (5,489.59 ft2)
Duplexes:
Interior parcels
230 m² (2,476 ft2) for each unit
Corner parcels
280 m² (3,014 ft2) for each unit
Row houses:
Interior parcels
190 m² (2,045 ft2) for each unit
Corner parcels
275 m² (2,960 ft2) for each unit
Fourplexes:
Interior parcels
180 m² (1,937.57 ft2) for each unit
Corner parcels
185 m² (1,991.39 ft2) for each unit
Apartments:
No separate bedroom:
74 m2 (796.5 ft2) per unit
One bedroom:
111 m2 (1194.8 ft2) per unit
Multi-bedroom:
139 m2 (1496 ft2) per unit
Multiple housing development:
90 m2 (969 ft2) for each apartment dwelling unit
275 m2 (2,960 ft2) for each row housing dwelling unit
150 m2 (1,615 ft2) for each fourplex dwelling unit
320 m2 (3,444 ft2) for each duplex dwelling unit
Minimum Parcel Width:
Detached dwellings
12.80 m (42 ft)
Duplexes
7.50 m (25 ft) per dwelling unit
Row housing
6.00 m (20 ft) per dwelling unit
Maximum Parcel Coverage: Detached dwellings, duplexes, fourplexes, group homes and row
houses:
55%
Apartments:
75%
Multiple housing developments: 75%
Village of Alix Land Use Bylaw
Page 66
Bylaw No. 396/11
Landscaped Area:
Row houses, fourplexes, apartments, and all housing types
developed as multiple housing developments:
An area 6 m (19.69 ft.) in perpendicular depth and 1 m
(3.28 ft.) on either side from all windows of living rooms,
dining rooms and bedrooms (on first floors and in
basements) shall be landscaped, in addition to any
landscaping required elsewhere on the parcel, in
accordance with Part 7.
Maximum Building Height:
Detached dwellings, group homes, duplexes, row houses and
fourplexes:
9.5 m (31.17 ft.)
Apartments:
15.24 m (50.00 ft.)
Multiple housing developments:
As required for the various housing types described above.
Village of Alix Land Use Bylaw
Page 67
Bylaw No. 396/11
MANUFACTURED HOME SUBDIVISION DISTRICT (R3)
General Purpose:
To provide an area for and to regulate the development and use of
land for manufactured homes, and other uses, herein listed, which
are compatible with a residential area, on separately registered
parcels that are served by municipal sewer and water systems.
Permitted Uses:
Manufactured homes
Accessory residential buildings
Discretionary Uses:
Accessory buildings and uses
Child care facilities
Detached dwellings
Home occupations - minor only
Parks and playgrounds
Public and quasi-public uses
Public utility buildings
Any use that is similar, in the opinion of the Municipal Planning
Commission, to the permitted or discretionary uses described
above
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Yard
Requirements:
Manufactured homes and their attached structures shall be at
least:
(i)
6 m (19.69 ft.) from any other manufactured home
(ii)
6 m (19.69 ft.) from the front parcel boundary
(iii)
3 m (9.84 ft.) from the rear parcel boundary
(iv)
1.5 m (4.92 ft.) from the side parcel boundary except on a
corner parcel where the side yard abutting a public
roadway shall be at least 3 m (9.84 ft.)
Minimum Parcel Area:
Interior parcels
375 m² (4,036.59 ft2)
Corner parcels
420 m² (4,520.99 ft2)
Maximum Parcel Coverage: 55%
Building Design:
All manufactured homes shall be factory built and must be no
older than 10 years as of the date that the manufactured home is
placed on a parcel.
Skirting or any attached structure shall be factory built with
matching exterior finish or be of durable all-weather construction
and designed in a manner that will enhance the appearance of the
manufactured home.
All wheels must be removed and the manufactured home placed
on a permanent foundation.
Minimum Floor Area:
65 m² (699.6 ft2)
Minimum Width of Manufactured Home: 3.5 m (11.48 ft.)
Village of Alix Land Use Bylaw
Page 68
Bylaw No. 396/11
MANUFACTURED HOME PARK DISTRICT (R3A)
General Purpose:
To provide an area for and to regulate the development and use of
land for manufactured homes, and other uses, herein listed, which
are compatible with a residential area, in comprehensively
designed parks wherein sites are rented or owned as part of a
condominium. The area is to be connected to municipal sewer and
water systems.
Permitted Uses:
Manufactured homes
Manufactured home park
Accessory residential buildings
Discretionary Uses:
Accessory buildings and uses
Child care facilities
Home occupations - minor only
Parks and playgrounds
Public and quasi-public uses
Public utility buildings
Any use that is similar, in the opinion of the Municipal Planning
Commission, to the permitted or discretionary uses described
above.
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
In this District,
"lot" means the total area of land reserved for the placement of a manufactured home
and for the exclusive use of its occupant(s).
"structure" means a subordinate building which is an addition to or supplements the
facilities provided by a manufactured home, such as awnings, storage structures,
carports, porches, and skirting.
Maximum Gross Density:
17 manufactured homes per hectare (7 per acre)
Minimum Park Area:
2 hectares (4.94 acres)
Recreation Area:
A minimum of 5% of the total area of a manufactured home park
shall be set aside in a suitable location as a recreation area.
Playground apparatus or other recreation facilities shall be
provided in accordance with a recreation site plan approved by the
Development Authority
Roadways:
All manufactured home park roadways shall have at least a 12 m
(39.37 ft.) right-of-way and a carriageway no less than 8 m (26.25
ft.) in width
Walkways:
Internal pedestrian walkways, where provided, shall be a minimum
of 1.5 m (4.92 ft.) in width
Village of Alix Land Use Bylaw
Page 69
Bylaw No. 396/11
Storage Areas:
Common storage areas, separate from the manufactured home
lot, shall be provided for storage of seasonal recreational
equipment not capable of storage on the manufactured home lot
Such storage areas shall be screened.
Such storage areas shall have an area of not less than 20 m²
(215.29 ft².) per manufactured home lot.
Utilities:
All utility services and all utility wires and conduits shall be
installed underground
Fences and Lot Lines:
Fences and hedges shall be allowed only if they are erected and
maintained by the manufactured home park operator to a uniform
standard throughout the park
All lot lines shall be clearly defined on the ground by permanent
flush stakes, or makers, with a lot number or other address
system.
Minimum Yard
Requirements:
Manufactured homes and their attached structures shall be at
least:
(i)
4.5 m (14.76 ft.) from one another
(ii)
7 m (22.97 ft.) from any park boundary
(iii)
3 m (9.84 ft.) from any internal access road or common
parking area
(iv)
1.5 m (4.92 ft.) from any side lot line
(v)
4.5 m (14.76 ft.) from any rear lot line
Minimum Lot Area:
As determined by the size of the manufactured home units and
the lot coverage and minimum yard requirements specified in this
Section.
Maximum Lot Coverage:
55%
Building Design:
All manufactured homes shall be factory built and must be no
older than 10 years as of the date that the manufactured home is
placed on a lot in the manufactured home park
Skirting or any attached structure shall be factory built with
matching exterior finish, or be of durable all-weather construction
and designed in a manner that will enhance the appearance of the
manufactured home development
Each manufactured home shall be levelled, blocked, and skirted,
and the hitch skirted within 30 days of being placed on a lot
Minimum Width of
Manufactured Home:
3.5 m (11.48 ft.)
Minimum
Floor Area:
65 m² (699.68 ft2)
Village of Alix Land Use Bylaw
Page 70
Bylaw No. 396/11
HEAVY VEHICLE RESIDENTIAL DISTRICT (R4)
General Purpose:
To provide an area for low density residential development in the
form of detached dwellings primarily for the owners/operators of
heavy vehicles wishing to park their vehicles on their residential
parcel, and compatible uses, herein listed. All uses are, wherever
possible, to be connected to the municipal sewer and water
systems.
Permitted Uses:
Accessory residential buildings
Detached dwellings
Discretionary Uses:
Accessory buildings and uses
Heavy vehicle parking and storage on the owner's/operator's
residential parcel
Home occupations - minor and major
Mechanized excavation, stripping and grading
Manufactured homes
Parking facilities for uses in this District
Parks and playgrounds
Public and quasi-public uses
Public utility buildings
Secondary suites
Signs
Any use that is similar, in the opinion of the Municipal Planning
Commission, to the permitted or discretionary uses described
above
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Front Yard:
6 m (19.69 ft.)
Minimum Side Yard:
1.5 m (4.92 ft.) except where it abuts a public roadway - 3 m (9.84
ft.)
Minimum Rear Yard:
10 m (32.81 ft.)
Minimum Parcel
Parcels not served by a sewer collection system and
Width & Area:
water distribution system shall have:
(i)
a width of not less than 30 m (98.43 ft.), and
(ii)
an area of not less than 1,885 m² (19,967.22 ft2)
Parcels which are served by a sewerage collection system, but
not by a water distribution system, shall have:
(i)
a width of not less than 30 m (98.43 ft.) and
(ii)
an area of not less than 925 m² (9,956.70 ft2)
Parcels which are served by a water distribution system, but not a
sewerage collection system shall have:
(i)
a width of not less than 30 m (98.43 ft.)
(ii)
an area of not less than 1,390 m² (14,961.96 ft2)
Village of Alix Land Use Bylaw
Page 71
Bylaw No. 396/11
NOTE: Parcels not complying with the foregoing and legally
created prior to promulgation of Alberta Regulation 132/78
(April 1, 1978) are not subject to the foregoing but shall
comply with the following minimum parcel area: 446 m²
(4,800 ft2)
Maximum Parcel Coverage: 55%, except on parcels greater than 1,390 m² (14,961.96 ft2),
where it shall not exceed 35%.
Parcel Servicing:
No building may be erected or development commenced until
arrangements satisfactory to the Provincial Plumbing Inspector,
Alberta Labour and the Public Health Unit have been made for the
collection, storage, and disposal of sewage
Maximum Building Height:
9.5 m (31.17 ft.) for principal buildings
7.5 m (24.6 ft) for one accessory building meant to be accessed
by tall vehicles
Number of Heavy Vehicles: a maximum of two (2) heavy vehicles may be parked and/or
stored on a site at a time
Village of Alix Land Use Bylaw
Page 72
Bylaw No. 396/11
CENTRAL COMMERCIAL DISTRICT (C1)
General Purpose:
To provide an area for intensive commercial use, offering a wide
variety of goods and services, and other uses, herein listed, which
are compatible with the area, which will create an attractive
environment for pedestrians, but which will be accessible to motor
vehicles.
Permitted Uses:
Bus depots
Commercial recreation and entertainment facilities
Dwelling units above the ground floor
Indoor merchandise sales
Liquor stores
Offices
Personal services
Restaurants
Signs
Discretionary Uses:
Accessory buildings and uses
Accessory residential building
Animal services
Car washes
Drinking Establishment
Equipment rental - no outdoor storage
Existing dwelling units
Fire hall
Funeral Home
Gas bars
Hotels
Institutional Service Facility
Mechanized excavation, stripping and grading
Motels
Municipal shop, warehouse, and storage yard
Parking facilities
Public and quasi-public uses
Public utility buildings
Recycle depots
Repair services
Temporary commercial sales
Veterinary Clinic
Any use that is similar, in the opinion of the Municipal Planning
Commission, to the permitted or discretionary uses described
above.
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Front Yard:
Nil
Minimum Side Yard:
Nil
Minimum Rear Yard:
Shall be provided for parking and loading spaces in accordance
with Part 7
Village of Alix Land Use Bylaw
Page 73
Bylaw No. 396/11
Maximum Parcel Coverage: 100%
Landscaped Area:
Nil except for all areas of a site not covered by buildings,
driveways, parking, storage, or display areas
Outdoor Storage and
Display:
Outdoor storage may be permitted provided the area is screened
to the satisfaction of the Development Authority
Outdoor display shall be permitted only during normal business
hours and shall not be located or project onto public property
Maximum Building Height:
10 m (32.8 ft.)
Dwelling Unit Entrance:
Dwelling units shall have an entrance separate from the entrance
to any commercial component of the building.
Other Regulations:
No outdoor eating or drinking area shall be located within 15.2 m
(50 ft) of an adjacent residential property in a residential district
Village of Alix Land Use Bylaw
Page 74
Bylaw No. 396/11
HIGHWAY COMMERCIAL DISTRICT (C2)
General Purpose:
To provide an area for commercial uses and other uses, herein
listed, which are compatible with the area, adjacent to a major
thoroughfare, which requires large open areas for parking by
clientele, for display of merchandise, or both, which will create an
attractive environment, primarily accessible to motor vehicles.
Light manufacturing and warehousing may be a secondary use in
the District.
Permitted Uses:
Animal services
Drive-in businesses
Equipment rental - no outdoor storage
Liquor stores
Recycle depots
Restaurants
Sales and service outlets for automobiles, trucks, recreation
vehicles and mobile homes
Signs
Discretionary Uses:
Accessory buildings and uses
Accessory residential building
Car washes
Cannabis Retail Sales
Commercial greenhouses
Commercial recreation and entertainment facilities
District shopping centres
Drinking Establishment
Dwelling unit for the occupancy of the owner, operator, or
caretaker
Equipment rental - with outdoor storage
Existing dwelling units
Existing industries
Funeral Home
Gas bars
Institutional Service Facility
Hotels
Light manufacturing
Mechanized excavation, stripping and grading
Motels
Parking facilities
Places of worship
Public and quasi-public uses
Public utility buildings
Repair services
Sales and service outlets for farm equipment
Temporary commercial sales
Veterinary Clinic
Any use that is similar, in the opinion of the Municipal Planning
Commission, to the permitted or discretionary uses described
above
Village of Alix Land Use Bylaw
Page 75
Bylaw No. 396/11
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Front Yard:
9 m (29.53 ft.) adjacent to a service or local road
Minimum Side Yard:
3 m (9.84 ft.)
Minimum Rear Yard:
6 m (19.69 ft.)
Minimum Parcel Frontage:
15 m (49.21 ft.) adjacent to a service or local road
46 m (150.92 ft.) without a service road
Maximum Parcel Coverage: 80%
Outdoor Storage and
All outdoor storage shall be screened
Display:
All outdoor display shall be screened from residential Districts.
Building Design:
Light manufacturing buildings shall be similar in character and
quality of materials to commercial buildings.
Maximum Building Height:
10 m (32.81 ft.)
Cannabis Retail Sales Development Standards
a)
Cannabis Retail Sales shall not be co-located with the retail sale of tobacco
and/or pharmaceuticals, a Drinking Establishment, or Liquor, Beer, and/or Wine
Sales use.
b)
Cannabis Retail Sales shall not be located adjacent to or connected to a Drinking
Establishment, Liquor, Beer, and/or Wine Sales use.
c)
No person may smoke, vape, or otherwise use Cannabis in the Cannabis Retail
Sales premises.
d)
All functions of the use shall be fully enclosed within the Building.
e)
No outdoor storage shall be allowed on the Site.
f)
All garbage containers, waste material and loading facilities shall be fully
enclosed within the Building.
g)
The use shall not emit any odour or other substance which is harmful or injurious
to health or physical well-being.
h)
The use shall not emit nuisances including, but not limited to, odour, noise and
light that may have a negative impact to adjacent Sites or the surrounding area.
i)
Products in the store must not be visible from outside the premise.
j)
Drive-through windows are prohibited.
Village of Alix Land Use Bylaw
Page 76
Bylaw No. 396/11
k)
A Cannabis Retail Sales use must be protected by a professionally installed and
supervised alarm system.
l)
A Cannabis Retail Sales use must have a digital camera security system.
m)
A Cannabis Retail Sales use must secure perimeter entry points against
unauthorized access.
n)
The business name is to be prominently displayed in signage at all public access
points of the Cannabis Retail Sales use;
o)
Hours of operation for Cannabis Retail Sales shall be limited to between 10:00
a.m. and 10:00 p.m. only.
p)
The following separation distances, measured in a straight line from the closest
points; to/from the following specified uses are to be met, regardless of which
use is approved first:
(i)
200 meters from the property boundary of all "schools" as defined
by the School Act, other than early childhood services programs
or homeschool sites to the occupied floor area of a Cannabis
Retail Sales use;
(ii)
100 meters from the occupied floor area of a Child Care Facility to
the occupied floor area of a Cannabis Retail Sales use;
(iii)
100 meters from the property boundary of an indoor Village
operated recreation facility, to the occupied floor area of a
Cannabis Retail Sales use; and
(iv)
100 meters from the property boundary of an "approved hospital"
as defined by the Hospitals Act, to the occupied floor area of a
Cannabis Retail Sales use.
q)
The occupied floor area of one Cannabis Retail Sales use must be 100 meters
from the occupied floor area of another Cannabis Retail Sales use.
Cannabis Retail Sales Applications
In addition to the information required under Section 3.1, a Development Permit application for a
Cannabis Retail Sales use must include:
(a)
a site plan, acceptable to the Development Officer, illustrating the location and
separation distances from the proposed Cannabis Retail Sales use to those uses
identified in Part 9; Highway Commercial District (C2) General Regulations,
Cannabis Retail Sales Development Standards.
(b)
a site plan, acceptable to the Development Officer, illustrating compliance with
applicable provincial setbacks; and
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(c)
written confirmation from the Alberta Gaming, Liquor and Cannabis Commission
(AGLC) that confirms the applicant has satisfied AGLC eligibility requirements to
sell Cannabis in Alberta.
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LIGHT INDUSTRIAL DISTRICT (I1)
General Purpose:
To provide an area for light industrial uses, and other uses, herein
listed, which are compatible to the area which are located in an
attractive environment; to accommodate uses which do not cause
any external, objectionable, or dangerous conditions beyond the
parcel boundary.
Permitted Uses:
Auction marts
Commercial greenhouses
Distribution facilities
Equipment rental - no outdoor storage
Equipment rental - with outdoor storage
Light manufacturing
Recycle depots
Signs
Trucking establishments
Veterinary clinic
Warehousing
Discretionary Uses:
Accessory buildings and uses
Dwelling unit for the occupancy of the owner, operator, or
caretaker
Fertilizer sales and storage
Mechanized excavation stripping and grading
Municipal shop, warehouse, and storage yard
Parking facilities for uses in this District
Public utility buildings
Railway uses
Repair services
Any use that is similar, in the opinion of the Municipal Planning
Commission, to the permitted or discretionary uses described
above
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Front Yard:
9 m (29.53 ft.)
Minimum Side Yard:
3 m (9.84 ft)
Minimum Rear Yard:
6 m (19.69 ft.)
Minimum Parcel Frontage:
15 m (49.21 ft.), except where abutting a highway without a
service road, in which case 30 m (98.43 ft.) shall be required.
Maximum Parcel Coverage: 80%
Maximum Building Height:
10 m (32.81 ft.) where adjacent a property in a residential District
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HEAVY INDUSTRIAL DISTRICT (I2)
General Purpose:
To provide an area for light industrial uses, and other uses, herein
listed, which are compatible with the area with heavy industry
permitted in approved locations at the discretion of the Municipal
Planning Commission.
Permitted Uses:
Auction marts
Commercial greenhouses
Distribution facilities
Fertilizer sales and storage
Light manufacturing
Municipal shops and storage yards
Processing plants, except Cannabis Production and Distribution
and Medical Cannabis Production Facility
Signs
Trucking establishments
Veterinary clinic
Warehousing
Discretionary Uses:
Accessory buildings and uses
Auto wrecking yards
Cartage and freight terminals
Heavy equipment assembly, sales, and services
Heavy manufacturing
Livestock auction markets
Mechanized excavation stripping and grading
Open storage yards
Parking facilities for uses in this District
Public utility uses
Railway uses
Repair services
Seed cleaning plants
Solid waste transfer stations
Veterinary hospitals
Any use that is similar, in the opinion of the Municipal Planning
Commission, to the permitted or discretionary uses described
above
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Front Yard:
9 m (29.53 ft.)
Minimum Side Yard:
3 m (9.84 ft.)
Minimum Rear Yard:
6 m (19.69 ft.)
Minimum Parcel Frontage:
15 m (49.21 ft.), except where abutting a highway without a
service road, in which case 30 m (98.43 ft.) shall be required.
Maximum Parcel Coverage: 80%
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PUBLIC RECREATION DISTRICT (PR)
General Purpose:
To provide an area for the development of public land for major
multi-use recreational facilities, and other uses, herein listed,
which are compatible with the area.
Permitted Uses:
Campgrounds
Parks and playgrounds
Recreation facilities
Discretionary Uses:
Accessory buildings and uses
Cemeteries (public)
Child care facilities
Institutional service facilities
Parking facilities
Public and quasi-public uses
Public utility buildings
Signs
Any use that is similar, in the opinion of the Municipal Planning
Commission, to their permitted or discretionary uses described
above
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Front Yard:
9 m (29.53 ft.)
Minimum Side Yard:
3 m (9.84 ft.)
Minimum Rear Yard:
6 m (19.69 ft.)
Maximum Parcel Coverage: 80%
Outdoor Storage and
Outdoor storage areas shall be screened
Display:
Maximum Building Height:
12 m (39.37 ft.)
Alix Lake Setback Requirements
If a parcel abuts or is divided by Alix Lake, or any land that has been designated Public
Recreation (PR) or Alix Lake Reservoir (ALR) Districts, then all dwellings and accessory
buildings shall be set back to comply with the following requirements:
(i)
a distance of at least 7.5 m (24.6 ft) measured horizontally from the maximum
lake level elevation of 790.75 m (2594.32 ft) shall be provided;
(ii)
the bottom elevation of all building footings shall be set not lower than the
elevation of 791.05 m (2595.31 ft);
(iii)
the finished ground at all buildings shall not be less than the elevation of 791.05
m (2595.31 ft.) and the lowest elevation of the finished lot should not be less than
790.75 m (2594.32 ft.) in elevation.
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Bylaw No. 396/11
For the purposes of this Land Use Bylaw only, the reference elevation shall be on the
concrete control structure operating deck and can be assumed to be 791.50 m (2,596.78
ft.) as measured in June of 1998.
The Development Authority may waive any or all of the foregoing requirements for
buildings which are necessary for water recreation activities (piers, boat houses, etc.),
for fences, and for earth filling of low lying properties necessary for development
purposes.
Detailed plans of the development showing all areas of earth filling and finished
elevations must be included with each development permit application.
Existing Village owned buildings are exempt from the foregoing.
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Bylaw No. 396/11
RECREATION FACILITY DISTRICT (RF)
General Purpose:
To provide for a range of privately owned and operated
recreational activities and developments.
Permitted Uses:
Parks and playgrounds
Discretionary Uses:
Accessory buildings and uses
Campgrounds
Commercial recreation and entertainment
Golf courses and related buildings including a tournament house,
pro shop, and club
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Front Yard:
6.0 m (19.69 ft.)
Minimum Side Yard:
3.0 m (9.84 ft.) and 6.0 m (19.69 ft.) where it abuts a road or a
residential district
Minimum Rear Yard:
6.0 m (19.69 ft.)
Minimum Parcel Area:
1.0 ha (2.47 acre)
Minimum Parcel Width:
50.0 m (164 ft.)
Maximum Parcel Coverage: 75% including all accessory buildings, patios, decks, driveways,
and parking areas
Maximum Building Height:
9.5 m (31.17 ft.)
Campground Standards
(1)
The maximum density for a campground shall be 40 sites per gross hectare (16 per
gross acre). A site is the space for one campground stall or cabin or that a user has
exclusive use of for the placement of tents, recreation vehicles and parking of associated
vehicles.
(2)
All internal roads shall be all-weather construction and have a minimum width of 7.0
metre (22.96 ft.) for protective and emergency services access.
(3)
Each site shall have clear access to an internal road. Individual sites and the internal
road system shall be properly signed for users and for protective and emergency
services.
(4)
Water and wastewater services shall be in compliance with Safety Code requirements
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
and in a manner acceptable to the Development Authority.
(5) Where a campground abuts any land in a residential District, a screen fence shall be
provided along the parcel boundary that abuts the residential District and a 9.1m (30 ft)
setback from the parcel boundary shared with land in a residential District shall apply to
any campground site.
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ENVIRONMENTAL OPEN SPACE DISTRICT (EOS)
General Purpose:
To provide an area for either the preservation of public land in its
natural state, or for its development as an interpretive park.
Permitted Uses:
Natural environmental preservation and educational uses
Parks
Discretionary Uses:
Accessory buildings and uses
Public utility buildings
Signs
Any use that is similar, in the opinion of the Municipal Planning
Commission, to the permitted or discretionary uses described
above
The General Regulations contained in Part 7 shall apply to every development in this District.
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Bylaw No. 396/11
ALIX LAKE RESERVOIR LAND DISTRICT (ALR)
General Purpose:
To maintain the present status and regulate private developments
and other improvements on publicly owned lands adjacent to Alix
Lake by property owners immediately abutting the publicly owned
lands and the Village of Alix.
Permitted Uses:
Natural environmental preservation
Alix Lake Nature Trail
Signs
Discretionary Uses:
For those property owners whose property line abuts the publicly
owned lands within the Village of Alix being immediately adjacent
to Alix Lake and where permanent shoreline developments
already exist, property owners shall continue to have the use of
the publicly owned land for their enjoyment and the following are
regulations for these discretionary uses:
Shoreline Developments
(i)
these developments are permanent in nature and
do not have to be removed on an annual basis;
(ii)
location and size shall be subject to the
recommendation of the Municipal Planning
Commission;
(iii)
all shoreline developments shall have affixed to
them appropriate reflective devices as required.
Recreational landscaping
For those property owners whose property line abuts the publicly
owned land within the Village of Alix being immediately adjacent to
Alix Lake and on where permanent shoreline developments do not
already exist only temporary developments may be considered
and such developments must meet the following regulations for
the following discretionary use:
Temporary Docks
(i)
temporary dock can be put in Alix Lake no earlier
than April 15 and removed from Alix Lake no later
than November 1 of the same year;
(ii)
the owner of the temporary dock is responsible for
placing on the dock a sign with a disclaimer notice
such as "Private Dock - Use at Own Risk". The
sign shall be of a sufficient size to ensure it is
visible from a reasonable distance;
(iii)
all temporary docks shall have affixed to them (at
the farthest point from the shore) appropriate
reflective devices;
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Bylaw No. 396/11
(iv)
location, size, and length of the temporary dock
shall be as required to clear excessive weed build-
up and to provide boat depth. However, the length
shall not exceed 12 m (39.37 ft.).
Any use that is similar, in the opinion of the Municipal
Planning Commission, to the discretionary uses listed
above.
General Regulations:
(1)
a development permit application for a temporary dock or shoreline
development is required and must be accompanied by:
(a)
a sketch of the proposed construction details;
(b)
if required, an explanation of how the development will be
put in and removed from Alix Lake without damaging the
natural environment of the shoreline;
(c)
a one-time fee of $10.00.
(2)
a development permit application is not required for recreational
landscaping.
(3)
construction materials and flotation devices (ie. drums or barrels) shall not
present any contamination problems to Alix Lake or its shoreline.
(4)
the owner abutting the public lands who has temporary dock or shoreline
development on or partially on the public lands abutting their property
shall ensure that there is liability insurance on their homeowners' policy
for these developments. A copy of the insurance policy shall be
forwarded to the Village Office within 30 days of the date of approval on
the development permit.
(5)
all existing developments on the public lands may be retained and
maintained in good repair.
(6)
the Village of Alix retains the right to remove any development, whether
permanent or temporary, that:
(a) the property owner abutting the public lands has not followed
the application procedure as stated in this Land Use Bylaw;
(b) the property owner abutting the public lands has not complied
with the regulations as stated in this Land Use Bylaw
pertaining to the development;
(c) is abandoned.
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Bylaw No. 396/11
URBAN RESERVE DISTRICT (UR)
General Purpose:
To reserve land for a future subdivision and development until an
overall plan is prepared for and approved by Council.
Permitted Uses:
Agricultural operations lawfully existing at the date of adoption of
this Land Use Bylaw
Uses lawfully existing at the date of adoption of this Land Use
Bylaw
Discretionary Uses:
Accessory buildings and uses
Agricultural society grounds within Part of the NE 35-39-23-4 and
on Block 8, Plan 2885 AI
Agricultural uses, minor
Detached dwelling or manufactured home that is more than 305 m
(1,000 ft.) from the berm of the sewage lagoon
Existing residence and other related improvements
Mechanized excavation stripping and grading
Non-renewable resource extraction
Parking facilities for uses in this District
Public utility buildings
Recreational vehicles used for overnight accommodation for a
cumulative period greater than 30 days per year
Signs
Uses that will not, in the opinion of the Municipal Planning
Commission,
(1)
materially alter the use of the land from that existing on the
date the land was designated to this Land Use District, or
(2)
conflict with future urban expansion
The General Regulations contained in Part 7 shall apply to every development in this District in
addition to the regulations listed below:
Minimum Parcel Area:
All the land contained in the existing certificate of title, unless
otherwise approved by the Subdivision Authority, having regard to
future use of the parcel and the form of future subdivision and
development
Outdoor Storage and
Outdoor storage shall be screened
Display:
Outdoor display shall be screened from residential Districts
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Bylaw No. 396/11
PART TEN: DEFINITIONS
Words, phrases, and terms not defined below or anywhere else in this Land Use Bylaw may be
given their definition in the Municipal Government Act, Subdivision and Development
Regulation, or the Alberta Building Code. Other words shall be given their usual and customary
meaning.
"accessory residential building" means an accessory building to a residence, and
includes such things as garages, garden sheds and greenhouses;
"accessory building or use" means a building or use which is subordinate, incidental and
directly related to the principal use of the premises, building or site and which does not
substantially add to the intensity of the use on the site. An accessory building or use
must be located on the same site as the principal use and shall not precede the
development of the principal building;
"adjacent land" means land that is contiguous to the parcel of land that is the subject of
an application and includes land that would be contiguous if not for a highway, road,
river, or stream;
"adult care housing" means a building providing long-term accommodation wherein
residents, who because of their circumstances cannot or do not wish to maintain their
own households, are provided with meal services, and may receive such services as
housekeeping and personal care assistance;
"Agricultural Society Grounds" means the existing Grounds in which various
agriculturally related shows and competitions, as well as various recreation activities
may take place;
"agricultural uses, general" means the non-intensive use of land, building or structure for
the raising or production of crops (including mushrooms) and of cattle and horses, which
may include a single residence for the farmer, but does not include the rearing of
animals in a confined area, or buildings such as a feedlot. This does not include
cannabis production and distribution or medical cannabis production facility;
"agricultural uses, minor" means the tilling of the soil, the raising of crops, horticulture
and gardening, but other than up to two (2) horses does not including keeping or raising
of domestic animals, fowl, or fur farming, or any such building associated with
agricultural industry or business;
"animal services" means a facility for the treatment, boarding, training, or grooming of
animals and includes the retail sale of related products. It includes such things as pet
grooming salons, training class facilities, animal rescue facilities and animal shelters;
"apartment" means a residential building consisting of at least 3 dwelling units which
share entrance facilities;
"area redevelopment plan" means a plan adopted by bylaw pursuant to the Municipal
Government Act;
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Bylaw No. 396/11
"area structure plan" means a plan adopted by bylaw pursuant to the Municipal
Government Act;
"auction mart" means the temporary storage of goods, excluding livestock, which are
sold on the premises by public auction from time to time;
"auto wrecking yard" means land and buildings that are used for the storage and
dismantling of old or wrecked cars or trucks for the purpose of recycling their
components;
"bareland condominium" means a condominium in which the units are defined in relation
to the land rather than in relation to a structure. A bareland condominium shares all the
other features of a conventional condominium except for the definition of the boundaries;
"basement" means a habitable portion of a building which is partly underground, but
which has more than 50 percent of the distance, between the floor level and the
underside of the ceiling joists, above adjacent ground elevation;
"bed and breakfast establishment" means an owner occupied detached dwelling where
temporary accommodation is provided in three or less guest rooms and meals are
provided daily to registered overnight guests;
"boarding and rooming house" means a detached dwelling converted for gain or profit
containing rooms for two or more persons where meals may or may not be served and in
which the proprietor may supply accommodation for his family;
"building" includes anything constructed or placed on, in, over or under land but does not
include a highway or public roadway or a bridge forming part of a highway or public
roadway;
"building demolition" means the pulling down, tearing down or razing of a building;
"building height" means the vertical distance between the average of the highest and
lowest finished grade levels immediately adjacent a building and the highest point on a
building, other than any chimney, poles, vents or other things that, in the opinion of the
Development Authority are similar and are not part of the building structure;
"building permit" means written permission or authorization under the Safety Codes Act
to commence a use, occupancy, relocation, construction, or demolition of any building;
"building relocation" means the moving a building from one site and placing it on another
site or moving a building to a new location on the same site;
"bus depot" means a facility providing for the departure and arrival of passengers and
freight carried by bus;
"campground" means the temporary accommodation of travellers, tourists or vacationers
in holiday trailers, tents, recreational vehicles, or private cabins or cottages;
Village of Alix Land Use Bylaw
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Bylaw No. 396/11
"cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and
cannabis plant seeds and any other substance defined as cannabis in the Cannabis Act
(Canada) and its regulations, as amended from time to time, and includes edible
products that contain cannabis;
"cannabis accessory" means a thing, including but not limited to, rolling paper or wraps,
holders, pipes, water pipes, bongs and vaporizers, or any other thing described in the
Cannabis Act (Canada) that is used in the consumption or production of Cannabis;
"cannabis production and distribution" means an establishment used principally for one
or more of the following activities as it relates to Cannabis:
(a)
The production, cultivation, and growth of Cannabis;
(b)
The processing of raw materials;
(c)
The making, testing, manufacturing, assembling or in any way altering the
chemical or physical properties of semi-finished or finished goods and products;
(d)
The storage or transhipping of materials, goods, and products; or
(e)
The distribution and sale of materials, goods, and products to Cannabis Retail
Sales stores or to individual customers.
"cannabis lounges" means an establishment where the primary purpose of the facility is
the sale of cannabis and cannabis accessories to the public, for consumption of
cannabis within the premises that is authorized by provincial or federal legislation. This
use does not include Cannabis Production and Distribution;
"cannabis retail sales" means an establishment used for the retail sale of cannabis and
cannabis accessories that is authorized by provincial or federal legislation. This use
does not include Cannabis Production and Distribution;
"car wash" means a facility used for the purposes of washing motor vehicles;
"cartage and freight terminal" means a facility accommodating the storage and
distribution of freight shipped by air, rail, or highway transportation;
"cellar" means a portion of a structure which is mainly underground, and which has less
than 50 per cent of the distance, between the floor level and the underside of the ceiling
joists, above adjacent ground elevation;
"cemetery" means a use of land or a building for interment of the deceased;
"child care facility" means a facility that provides care and supervision for seven (7) or
more children for more than three (3) but less than twenty-four (24) consecutive hours in
each day that the facility is operating, and is intended to be operated for them at least
twelve (12) consecutive weeks per year;
"commercial greenhouse" means a building for the growing of flowers, plants, fruits and
vegetables, shrubs, trees, and similar vegetation which is sold directly from the building
and may include retail sale of related supplies and materials;
"commercial recreation and entertainment facility" means a facility or establishment
which provides for recreation or entertainment for a gain or a profit including movie
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Bylaw No. 396/11
theatres, live theatres, dancing, billiard or pool halls, bingo halls, bowling alleys,
gymnasiums, racquet courts, simulated golf, and roller skating but does not include adult
entertainment, casinos or overnight accommodation;
"condominium" means a form of property ownership in which each owner holds title to
their own unit plus a fractional interest in any common property;
"Council" means the Council of the Village of Alix;
"crime prevention through environmental design (CPTED)" means a set of principles
intended to prevent or reduce the likelihood of crime or fear of crime by changing or
managing the physical environment;
"crematorium" means a facility with one or more cremation chambers used to reduce
human bodies to ashes by heat;
"dangerous goods occupancy" means any occupancy where dangerous goods, as
defined in the Transportation of Dangerous Goods Control Act, are unloaded, loaded,
stored, processed, or otherwise handled in quantities in excess of the amounts set forth
in this bylaw on a permanent or ongoing basis;
"deck, ground level" means an unenclosed amenity area made of concrete, stone, brick,
wood or other material that is constructed at or near grade and may be attached to a
dwelling where the overall height of the deck surface is 0.6m (2ft.) or less above the
finished grade;
"deck, raised" means an unenclosed amenity area, typically constructed of wood or other
suitable materials, which may be attached to a dwelling or be a free standing structure
where the overall height of the deck surface is more than 0.6m (2ft.) above the finished
grade;
"decorative pond" means an enclosure constructed to contain water, which may also
contain vegetation and fish, as a decorative landscaping feature;
"derelict vehicle" means the storage, collection or accumulation of all or part of any
wrecked vehicle or all or any part of a motor vehicle which is not validly registered in
accordance with the Motor Vehicle Act;
"detached dwelling" means a residential building containing one dwelling unit, which is
physically separate from any other residential building, and does not include a
manufactured home;
"development" means
(a)
an excavation or stockpile and the creation of either of them, or
(b)
a building or an addition to, or replacement or repair of a building and the
construction or placing in, on, over or under land of any of them, or
(c)
a change of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the use of the land or
building, or
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Bylaw No. 396/11
(d)
a change in the intensity of use of land or a building or an act done in relation to
land or a building that results in or is likely to result in a change in the intensity of
use of the land or building;
"development authority" means the person or persons appointed pursuant to
Development Authority Bylaw No. 397/11;
"development officer" means a person appointed as a Development Officer pursuant to
this Land Use Bylaw;
"development permit" means a document authorizing a development issued pursuant to
this Land Use Bylaw;
"discretionary use" means a use which may be compatible with other uses in the District,
for which a development permit may be issued upon an application having been made;
"distribution facility" means a warehouse or similar structure used for receipt, temporary
storage, and redistribution of goods;
"District" means Land Use District;
"district shopping centre" means a group of commercial establishments planned, owned,
developed, and managed as a unit with off street parking established on the same site
which serves the needs of the urban centre and surrounding area;
"drinking establishment" means an establishment the primary purpose of which is the
sale of alcoholic beverages for consumption on the premises and the secondary
purposes of which may include entertainment, dancing, music, the preparation and sale
of food for consumption on the premises, take-out food services and the sale of alcoholic
beverages for consumption away from the premises but does not include adult
entertainment. This includes any premises in respect of which a "Class A" Liquor
License has been issued and where minors are prohibited by the terms of the license
and where no adult entertainment is permitted. This does not include cannabis lounge;
"drive-in business" means an establishment with facilities for on-site service to
customers who remain in their motor vehicles. This does not include cannabis retail
sales or cannabis lounges;
"driveway" means a vehicle access route between the carriageway of a public roadway
and a use on a parcel;
"duplex" means a separate residential building consisting of only two separate dwelling
units, each above grade and each having exterior entrances;
"dwelling unit" means a complete building or self-contained portion of a building for the
use of one or more individuals living as a single housekeeping unit, containing sleeping,
cooking and separate toilet facilities and controllable heat/thermostat intended as a
permanent residence not separated from direct access to the outside by another
separate or self-contained set or suite of rooms;
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"eaveline" means the horizontal line that marks the intersection of the roof and the wall
of a building;
"encroachment agreement" means a written agreement between the municipality and a
property owner which establishes particular circumstances and conditions under which a
use or building on the property may incorporate the use of adjoining land owned or
controlled by the municipality or a written agreement between two property owners
which establishes particular circumstances and conditions under which a use or building
on one property may incorporate the use of adjoining land owned or controlled by a
different property owner;
"equipment rental" means a facility where various types of equipment are available for
rent, lease, or hire;
"feedlot" means any tract of land or structure, pen, or corral, wherein cattle, horses,
sheep, goats, and swine are maintained in a confined area for the purpose of fattening
such livestock for final shipment to market;
"feed mills and grain elevators" means buildings in which animal feeds and grain are
stored during shipment to or from farms and in which animal feeds may be prepared;
"fertilizer sales and storage" means an outlet for the supply, storage, and sale of various
fertilizers in large quantities;
"financial services" means the provision of services related to financial matters, including
the deposit or lending of money, the sale of financial investments and the provision of
financial planning services;
"floodplain" means the land adjacent to a lake, river or stream inundated by a one in
one-hundred-year return flood as determined by Alberta Environment and Parks;
"floodproofing" means the rendering safe from damage arising from a one in one-
hundred-year return flood, as determined by Alberta Environment and Parks, through all
or any of the following means:
(a)
the raising of the level of land to a minimum of 0.3 m (0.98 ft.) above that flood
level, or
(b)
the construction and use of buildings with the lowest water entry point 0.3 m
(0.98 ft.) above that flood level, or
(c)
any other such means as may be considered appropriate by the Development
Authority in consultation with Alberta Environment and Parks,
"floor area" means
(a)
for residential buildings, the total area of all floors in a building measured from
the outside of exterior walls, but excluding floor areas of basements, attached
garages, sheds, carports, or open porches in all residential buildings, or
(b)
for commercial buildings, the total floor area of all floors in a building measured
from the outside of exterior walls including basements but excluding mall areas;
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"fourplex" means a building containing four dwelling units, each unit comprising two floor
levels and sharing a common party wall with two other units;
"front parcel boundary" means, in the case of an interior parcel, the boundary which
abuts a street and in the case of a corner parcel, means the shorter of the two
boundaries which abut a street [see sketch in Section 7.8];
"front yard" means a yard extending across the full width of a parcel measured
perpendicularly from the front boundary of the parcel to the front wall(s) of the main
building situated on the parcel [see sketch in Section 7.8];
"funeral home" means a business establishment where the bodies of the dead are
prepared for burial or cremation, and where funeral services can be held;
"gas bar" means a site or portion thereof used for the sale of gasoline, propane and
other fuels, the sale of lubricating oils and other automotive fluids or motor vehicle
accessories but does not include service stations or automotive repair establishments;
"grade" means the ground elevation established for the purpose of regulating the height
of a building. The grade shall be the finished ground elevation adjacent to the walls of
the building if the finished grade is level. If the finished grade is not level, the grade shall
be determined by averaging the finished ground elevation for each face of the building;
"group home" means a building or portion of a building used for the care or rehabilitation
of no more than 6 children, adolescents, or adults;
"hard landscaping" means the use of non-vegetative material, other than monolithic
concrete, asphalt, or gravel, as part of a landscaped area;
"heavy equipment assembly, sales and service" means the assembly, sales, rental and
service of any heavy vehicle or equipment used in commercial, industrial, or agricultural
activities;
"heavy manufacturing" means the manufacture of products, the process of which
generates fumes, gases, smoke, vapours, vibrations, noise or glare, or similar nuisance
factors which have a high probability of occurring and which may cause adverse effects
to the users of adjacent land. This does not include cannabis production and distribution
or medical cannabis production facility;
"heavy vehicle parking and storage on the owner's operator's residential parcel" means
the owner operator may park, store, and perform minor maintenance on his vehicles
exceeding 2,730 kg (GVW) on his own residential parcel;
"home occupation - minor" means an accessory use of a dwelling unit by a resident or
an accessory building located on the same parcel as the dwelling unit of the resident for
a small scale business which is incidental to the primary use as a residence and is
undetectable from outside the dwelling unit and accessory building. This does not
include cannabis retail sales, medical cannabis counselling or cannabis production and
distribution;
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"home occupation - major" means an accessory use of a dwelling unit by a resident or
an accessory building located on the same parcel as the dwelling unit of the resident for
a small scale business which is incidental to the primary use as a residence where the
presence of the business may be detectable outside the buildings and beyond the
property boundaries. This does not include cannabis retail sales, medical cannabis
counselling or cannabis production and distribution;
"hotel" means a building in which rooms are provided for temporary sleeping
accommodation where each room has access from a common interior corridor and in
which food and beverage services may also be available;
"indoor merchandise sales" means the indoor sale or display of merchandise, including
indoor storage of merchandise in quantities limited to the needs of the outlet. This does
not include cannabis retail sales or medical cannabis counselling;
"institutional service facility" means a facility:
(a)
providing cultural, educational or community services to the public
such as libraries, museums, auditoriums, concert halls, colleges,
schools, places of worship or assembly and,
(b)
providing government services including hospitals, fire stations,
police stations, court houses, detention, and correction centres
"Intermunicipal Development Plan" means a plan adopted by the Village of Alix and
Lacombe County as an intermunicipal development plan pursuant to the Municipal
Government Act;
"landscaped area" means an area of land made attractive and desirable by the use of
any or all of the following: grass, trees, shrubs, ornamental planting, fences, walls and
associated earthworks; however, it shall not include areas occupied by garbage
containers, parking lots or driveways;
"Land Use Bylaw" means Bylaw No. 396/11, and amendments thereto;
"Land Use District" means an area as described in Part Nine and shown on the Land
Use District Map being Schedule A of this Land Use Bylaw;
"Land Use Policies" means the policies established by the Lieutenant Governor in
Council pursuant to the Municipal Government Act;
"lane" means a public thoroughfare which provides a secondary means of access to a
parcel or parcels and which is registered in a land titles office;
"light manufacturing" means the manufacture of products, the process of which does not
create and emit fumes, gases, smoke, vapours, vibrations, noise or glare or other factors
which are regarded as nuisances which would cause adverse effects to the users of
adjacent land. This does not include cannabis production and distribution or medical
cannabis production facility;
"liquor store" means the retail sale of alcoholic beverages and related products to the
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public for consumption off-site;
"livestock auction market" means a facility where agricultural related items including
cattle are bought and sold by public auction;
"m" means metres ("m²" means square metres);
"main building" means a building in which is conducted the main or principal use of the
parcel on which it is erected;
"main use" means the principal purpose for which a building or parcel is used;
"manufactured home" means a detached residential dwelling built in an off-site factory
environment and intended to be occupied in a place other than where it was
manufactured. New manufactured homes shall meet or exceed the CSA Z240
Standards;
"manufactured home park" means a parcel comprehensively designed, developed,
operated, and maintained to provide sites and facilities for the placement and occupancy
of manufactured homes on a long-term basis;
"mechanized excavation, stripping and grading" means the use of motorized equipment
to remove, relocate or stockpile soil or vegetation in excess of normal landscape
maintenance requirements;
"medical cannabis" means a substance used for medical purpose authorized by a
licence issued under the federal government's Access to Cannabis for Medical Purposes
Regulations, or any subsequent legislation which may be enacted in substitution;
"medical cannabis counselling" means a use where counselling on medical cannabis is
provided by persons who are not medical professionals, and that may include the
ancillary retail sale or rental of cannabis accessories;
"medical cannabis production facility" means any building in which an activity authorized
by the Access to Cannabis for Medical Purposes Regulations, or any successor or
replacement legislation or regulation, is or may be conducted including such activities as
growing, processing, labelling and packaging, storing and transporting of cannabis;
"mini-storage warehouse" means a building containing separate, individual self-storage
units divided from floor to ceiling by a wall with an independent entrance from either the
exterior or interior of the building, designed to be rented or leased for the storage of
household items, personal goods, materials and equipment but does not include
sea/land containers;
"motel" means a building or group of buildings on a parcel designed and operated to
provide temporary sleeping accommodation for transient travellers and contains
separate sleeping units, each of which is provided with and adjoining or conveniently
located parking space;
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"multiple housing development" means two or more buildings containing dwelling units,
located on a parcel of land, where all the buildings, recreation areas, vehicular areas,
landscaping, and all other features have been planned as an integrated development;
"multiple unit dwelling" means a residential building containing three (3) or more dwelling
units with each unit having a separate access to the exterior. This definition applies to
forms of housing that are not row housing or fourplexes;
"municipality" means the Village of Alix;
"Municipal Development Plan" means a plan adopted by the Village of Alix as a
municipal development plan pursuant to the Municipal Government Act;
"Municipal Government Act" means the Municipal Government Act, RSA 2000, Chapter
M-26, as amended;
"Municipal Planning Commission" means a Municipal Planning Commission established
by Council pursuant to the Municipal Government Act;
"municipal shop and storage yard" means the facility used by a municipality for the
storage of materials used in fulfilling its various functions and the housing and repair of
its equipment;
"natural environment preservation area" means an area that is to be preserved because
it is unsuitable in its natural state for development;
"non-conforming building" means a building
(a)
that is lawfully constructed or lawfully under construction at the date a land use
bylaw affecting the building or land on which the building is situated becomes
effective, and
(b)
that on the date the land use bylaw becomes effective does not, or when
constructed will not, comply with the Land Use Bylaw;
"non-conforming use" means a lawful specific use
(a)
being made of land or a building or intended to be made of a building lawfully
under construction, at the date a land use bylaw affecting the land or building
becomes effective, and
(b)
that on the date the land use bylaw becomes effective does not, or in the case of
a building under construction will not, comply with the Land Use Bylaw;
"non-renewable resource extraction" means the mining or removal from the ground of
deposits of coal, sand, gravel, clay and similar materials;
"office" means a facility providing for the administration of business, or government, or
the provision of professional services. This does not include medical cannabis
counselling;
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"open storage yard" means land that is used for the storage of products, goods or
equipment which is not available for immediate sale;
"outdoor display" means the use of land for the purpose of showing merchandise for sale
or rent;
"outdoor boiler" means any type of solid, gas, or combination fuel burning unit located
separately from the principal building or any accessory building or as a stand-alone
building for the generation of space heating or water heating;
"owner" means the person who is registered under the Land Titles Act as the owner of
the fee simple in the land and, in respect of any property other than land, the person in
lawful possession of it;
"parcel" means the aggregate of the one or more areas of land described in a certificate
of title or described in a certificate of title by reference to a plan or registered in the land
titles office;
"parcel of land" means
(a)
where there has been a subdivision, any lot or block shown on a plan of
subdivision that has been registered in a land titles office;
(b)
where a building affixed to the land that would without special mention be
transferred by a transfer of land has been erected on 2 or more lots or blocks
shown on a plan of subdivision that has been registered in a land titles office, all
those lots or blocks;
(c)
a quarter section of land according to the system of surveys under the Surveys
Act or any other area of land described on a certificate of title;
"parcel coverage" means the area covered by buildings, parking facilities, driveways,
storage areas and display areas;
"parking facility" means a structure or an area providing for the parking of motor
vehicles;
"parks and playgrounds" means areas of public land known for their natural scenery
and/or preservation for public recreation either active or passive;
"permanent foundation" means a foundation meeting the requirements of the Alberta
Building Code, including but not limited to, an engineer approved wood foundation or a
poured concrete basement or a concrete block basement or a slab on grade beam;
"permitted use" means a use of land or a building that is compatible with other uses in
the District and for which a development permit shall be issued provided it otherwise
conforms with this Land Use Bylaw;
"personal service" means the provision of a service to individuals on a commercial basis,
and includes such services as photographers, travel agencies, beauty salons and dry
cleaners. This does not include medical cannabis counselling;
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"place of worship" means a facility used for worship and related religious, charitable, and
social activities and may include rectories, classrooms, and dormitories;
"private pool" means any outdoor private swimming pool or hot tub containing over 0.6m
(2 ft) depth of water for the purpose of swimming, wading, or immersion of human
beings;
"projection" means a portion or part of a building that extends horizontally above and
beyond the foundation of the building including, but not limited to, exterior siding
materials, decks, landings, verandas, unenclosed stairs and steps, cantilevered windows
and wall sections, fireplace chase, or eaves;
"public and quasi-public use" means a use of land or a building for purposes of public
administration and service and shall also include a building for the purpose of assembly,
instruction, culture, recreation, or other community activity;
"public utility" means a public utility as defined in the Municipal Government Act;
"public utility building" means a building in which the proprietor of a public utility
maintains an office, or maintains or houses equipment used in connection with the public
utility;
"railway uses" means a use of land or a building directly related to the building or
operation of a railroad system;
"rear yard" means a yard extending across the full width of a parcel measured
perpendicularly from the rear wall(s) of the main building situated on the parcel to the
rear property boundary of the parcel [see sketch in Schedule B];
"recreation facility" means a public building and grounds for community entertainment,
relaxation, social activity, and other leisure needs;
"recreational landscaping" means any grassed area, trees, stairs, fire pit, watering
pumps, or gardens, not protruding out from the shoreline into Alix Lake;
"recreational vehicle" means a motorhome, camper, watercraft on a trailer, trailer, tent
trailer, or any other form of vehicle that is used or intended to be used for overnight
accommodation;
"recycle depot" means a facility for the collecting, sorting and temporary storing of
recycling materials such as bottles, cans, paper, boxes, and household goods but does
not include auto wrecking yard;
"repair services" means the restoration and maintenance of objects, which is compatible
with other uses in the District;
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"road" means land:
(a)
shown as a road on a plan of survey that has been filed or registered in a Land
Titles Office, or
(b)
used as a public road
and includes a bridge forming part of a public road and any structure incidental to a
public road, but does not include a highway;
"restaurant" means a building or part of a building the primary purpose of which is the
preparation and sale of food for consumption on the premises and the secondary
purpose of which may include the sale of alcoholic or non-alcoholic beverages incidental
to the meal, take-out food services and catering. A restaurant may include premises in
respect of which a "Class A" Liquor License has been issued and where minors are not
prohibited by the terms of the license. This does not include cannabis lounge;
"row housing" means a group of three or more dwelling units, each unit separated by a
common or party wall and having a separate front and rear access to the outside grade;
"sales and service outlet for automobiles, trucks, recreation vehicles or manufactured
homes" means a facility providing for the sale, rental, service and repair of automobiles,
trucks, recreation vehicles or manufactured homes;
"sales and service outlet for farm equipment" means a facility providing for the sale,
rental, service, or repair of farm equipment;
"screen" means a fence, berm, hedge, wall, or building used to separate areas or
functions which detract from the appearance of the street scene and the view from the
surrounding areas;
"sea/land container" means any building that was originally designed and constructed for
use as a shipping container;
"secondary suite" means a dwelling unit located within the principal dwelling, on a
second storey integral to a detached garage, or as an accessory building where the
principal use of the site is a detached dwelling;
"seed cleaning plant" means a building for the storage and preparation of seed used in
agriculture;
"setback" means a distance additional to minimum yard requirements which may be
required on parcels adjacent to the public roadways;
"shoreline developments" means developments attached to the shoreline and which may
protrude out from the shoreline into Alix Lake. Shoreline developments include wooden
decks, stairs and retaining walls;
"side yard" means a yard extending from the front yard to the rear yard between the side
boundary of the parcel and the wall of main building therein [see sketch in Section 7.8];
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"sight triangle" means an area at the intersection of roadways or roadways and railways
in which all buildings, fences, vegetation and finished ground elevations shall be less
than 1 m (3.28 ft.) in height above the average elevation of the carriageways/rails, in
order that vehicle operators may see approaching vehicles in time to avoid collision;
"sign" means any word, letter, model, placard, board, notice, device, or representation,
whether illuminated or not, in the nature of and employed wholly or in part for the
purposes of advertisement, announcement or direction and its supporting structure;
"soft landscaping" means the use of vegetative material as part of a landscaped area;
"soft sided building" means any building that is faced or finished on any portion of the
building exterior, with flexible sheeting capable of being rolled or folded;
"solar energy device" means a device used to collect sunlight that is part of a system
that transforms energy from the sun into thermal, chemical, or electrical energy;
"solid waste transfer station" means a facility for the collection and temporary holding of
solid waste in a storage container;
"statutory plan" means a municipal development plan, intermunicipal development plan,
area structure plan and area redevelopment plan adopted by a bylaw of the municipality,
or any one or more of them;
"storage area or outdoor storage" means an area of land used of the purpose of storing
vehicles, equipment, seasonal recreation equipment and/or other items which are
associated with the principal use of the parcel;
"street" means any category of road except a lane;
"structural alterations" means altering the main building components which support a
building;
"structure" means anything constructed or erected, the use of which requires location on
the ground or attachment to something located on the ground, but does not include
pavement, curbs, walks or open-air surfaced areas;
"Subdivision Authority" means the person, persons or organization appointed pursuant to
the Subdivision Authority Bylaw;
"Subdivision and Development Appeal Board" means the board established by Council
pursuant to the Municipal Government Act;
"Subdivision and Development Regulation" means the Subdivision and Development
Regulation (AR 43/2002), as amended;
"temporary building" means a building or structure, which may or may not have a
foundation or footing, intended for placement, and use on a parcel for a limited period of
time;
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"temporary commercial sales" means the short term use of a property for a period not
exceeding six (6) months for the purpose of selling items from a vehicle, trailer or
portable shelter and includes such items as food trucks, fruit and vegetable vendors, and
auto glass repair kiosks;
"temporary dock" means a wharf or platform which can be put in Alix Lake no earlier
than April 15 and removed from Alix Lake no later than November 1 of the same year;
"tiny house" means a detached dwelling with a maximum floor area of 60.39 m2 (650 ft2)
and placed on a permanent foundation that is acceptable to the Development Authority;
"trucking establishment" means building or land used for storing, servicing, repairing,
and loading trucks, transport trailers or busses;
"use" means a building or an area of land and the function and activities therein or
thereon;
"veterinary clinic" means a facility for the medical care and treatment of animals, and
includes provision for their overnight accommodation but does not include kennels,
outdoor pens, runs or enclosures;
"veterinary hospital" means a facility for the medical care and treatment of animals and
includes provision for their accommodation and confinement in outdoor pens, runs and
enclosures;
"warehouse" means a facility for the indoor storage of goods and merchandise but does
not include a building where the principle use is the sale of goods;
"wind energy device" means a structure that converts wind energy into mechanical or
electrical or chemical energy;
"yard" means an open space on the same site as a building and which is unoccupied
and unobstructed from the ground upward except as otherwise provided herein.